GENERAL TERMS AND CONDITIONS FOR USE OF MYNGLE.COM
These conditions apply to all sales and agreements between MYNGLE B.V. (hereinafter: MYNGLE) and the customer, whereby MYNGLE will apply these conditions unless otherwise agreed in writing.
MYNGLE finds it very important to ensure that all of its customers' personal information is treated with the utmost care and security and in accordance with the Dutch Data Protection Act. MYNGLE will not give a customer's personal information to third parties, except when the information is required for the services that MYNGLE provides to the customer, when necessary for the delivery of an order, or when legally required upon request of the appropriate legal authorities. Records of MYNGLE's website visits are kept for statistical purposes. Information concerning the amount and frequency of visits to the MYNGLE website 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 customers will be carefully and adequately processed. To process a customer's order, MYNGLE will request personal information when the customer registers for a purchase. This data will include name, date of birth, telephone number postal and e-mail address. Customers must give MYNGLE their personal consent before any order processing takes place. Their personal data will then be used only 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 customers without their consent.
By using MYNGLE's website a customer expressly gives his consent to MYNGLE for:
- Processing personal data so that MYNGLE can efficiently provide the customer with information about new features and services available on the website;
- Processing personal data to enhance MYNGLE's services available to its members;
- Transferring such personal data to offices located in The Netherlands for the purposes of processing by MYNGLE;
- 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 advertisements successfully bring visitors and potential customers to its 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 visitor enters MYNGLE's website via an online advertisement, allowing MYNGLE to see which online advertisements attract the most visitors to the website. This information collected on MYNGLE's behalf is anonymous and does not personally identify the visitor. The data collected does not contain the visitor's name, address, telephone number or e-mail address. Most web browsers automatically accept cookies, but visitors and customers can adjust their browsers to reject them. Even without a cookie, a customer can still use MYNGLE's website. Any customer who would like to opt-out of the data collection technology mentioned above can contact MYNGLE's helpdesk.
Customers 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 the personal information of customers with any third parties who are not mentioned in this clause without the customer's prior consent.
Customers can change their personal information on file with MYNGLE by signing in to "Your Account" or they can notify MYNGLE by email ([email protected])
to remove or have changes made in their processed data.
All information on MYNGLE's website is protected by copyright. It is illegal to infringe upon any of the intellectual property rights associated with the manufacture, design, or branding of any course advertised on the MYNGLE website or to 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 license 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 copyright by MYNGLE or its licensors, where applicable. Permission is granted to customers 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.
4. Product and Services
MYNGLE is a company with limited liability situated in and vested under the laws of The Netherlands. MYNGLE provides a platform where customers can purchase language courses and related products, 24 hours a day, 7 days a week.
All communication between MYNGLE and the customer will be electronic; through e-mail or notices posted on MYNGLE's website, www.MYNGLE.com
A potential customer becomes a member of MYNGLE by filling in the application section on the MYNGLE website (www.MYNGLE.com/user/register/student)
. Membership binds a customer to the Terms and Conditions described herein. 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 parent or guardian. A MYNGLE membership is personal and therefore not transferable. A customer needs to choose a username, password, and Skype ID in order to make out the application. A customer will be held responsible for all actions commited with the use of his username and password and, therefore, must take all measures necessary to protect his password. No other person besides the registered customer may enter the MYNGLE website using their customer's username and password.
A customer must provide true, accurate, current and complete information and will maintain and promptly update this information if any changes occur. If the customer provides, or if MYNGLE suspects that the customer has provided false, inaccurate, outdated or incomplete information, MYNGLE may suspend or terminate the account of the customer and refuse current and future use of the MYNGLE website.
A customer will not in any way restrict or inhibit any other user from using and enjoying the MYNGLE website. A customer will use the website only for lawful purposes and is prohibited from posting on or transmitting through the MYNGLE website 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 offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Customers will not access the MYNGLE website by any means other than through the interface that is provided by MYNGLE for the use of accessing the website.
Customers will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the MYNGLE website, use of the MYNGLE website or access to the MYNGLE website without MYNGLE's prior consent.
Customers will not make any separate arrangements with MYNGLE's teachers. MYNGLE may provide contact details of their teachers to customers with the sole purpose of facilitating communication during lessons. Customers 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 alleged 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 MYNGLE website.
MYNGLE may terminate or suspend a customer's access to all or part of the website, without notice, for any conduct that MYNGLE, at its sole discretion, believes 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 an order, or cancel a service agreement without legal intervention, by informing the customer in writing. The cnstomer is not entitled to any damages, unless, given the circumstances, such cancellation would be unacceptable according to measures of reason and fairness.
5. Prices, Payment and Delivery
All prices indicated on MYNGLE's website are in Euros and are subject to Dutch value-added tax. Customers may make payments electronically to MYNGLE in many different ways. The various payment methods are indicated on the MYNGLE website. Services or shipment of an order will take place once MYNGLE has received payment for the service or order. More information concerning shipping costs can be found on the website.
The delivery time of services or goods is estimated 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 cannot be held responsible if TPG post is unable to deliver the order to the customer on time.
Ownership of merchandise will not be transferred until the associated obligations of the 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.
6. Money Back Guarantee
If the customer, for whatever reason, does not wish to use the services or wish to retain the merchandise, the customer 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. First, the customer must inform MYNGLE in writing via e-mail of their intention, and must follow all further return conditions and instructions as stipulated by MYNGLE. This guarantee does not apply if the services or merchandise has been used, or if the customer has attempted to mend or alter the services or merchandise in any way. Returned 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 customer. If the return instructions have been followed accurately, MYNGLE will reimburse the customer for the returned services or merchandise within thirty days after receiving it.
7. Liability and Cancellations
MYNGLE will not assume any liability for any direct or consequential damage, be it physical, material or immaterial, resulting from any defect, malfunction, or incorrect use of its merchandise. When the manufacturer is found liable for faulty or defective 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 merchandise's specified use by the customer. MYNGLE is not liable for any damage, in any form whatsoever, resulting from the MYNGLE website. Nor is it liable for any decisions, based on information from the MYNGLE website, the customer may make.
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 cannot be held responsible for this in any way. Furthermore, MYNGLE cannot be held responsible for information and prices, such as tariffs, information or the results of transactions that have been made due to such information, that have been placed on its website by third parties.
The MYNGLE website 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 information or that its content is free of defects or viruses. The website, including its content (unless otherwise stated), is provided free of charge. MYNGLE will not be liable to the customer or any other persons for any loss or damage of any kind which may arise from the unauthorized use of the MYNGLE website 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 MYNGLE website and which are not maintained and controlled by MYNGLE. The MYNGLE website is intended for use within The Netherlands, but can be entered from other countries. MYNGLE cannot guarantee that any training referred to on the website is available in every country in the world. MYNGLE will use reasonable endeavors to ensure that the website is, and stays, fully operational. Due to the nature of the 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 personal data.
Any of MYNGLE's liability resulting from use or visitation of the website will be limited to direct damages and an amount up to the price stipulated for 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 customer, or by improper use of the learned skills and of the materials and/or related products provided and/or delivered to the customer.
8. Queries or Complaints
In the case of queries or complaints concerning any of our services, teachers, products or procedures, please contact us by email ([email protected])
. You will receive a reply within three working days.
9. Applicable Law and Jurisdiction
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 become a member, the customer 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 customer will be subject to the General Terms and Conditions in force at the time when the customer 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.