PLEASE NOTE THAT BY VISITING THE WWW.MALGERYALDAINE.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THANK YOU!
These terms and conditions control the business relationship between you (the Consumer) and us (Malgery Aldaine).
No person under the age of 18 years may purchase Services.
The Terms and Conditions
In this agreement:
“Consumer” means any non-business person.
“Our Website” means the entire computing hardware and software that is or supports this Website.
“Services” means any of the services and products or programs we offer for sale and include available updates and support services so far as specified for each service.
“Content” means any material in any form published on Our Website by us or any third party with our previous consent.
“Material” means Content of any sort posted by you on Our Website
USE OF THE SITE AND SERVICE
To use and browse the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business and other information are subject to change. Malgery Aldaine makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Malgery Aldaine disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Malgery Aldaine including copyrights and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
OUR CONTRACT WITH YOU
These terms and conditions apply:
So far as the context allows, to you as a visitor to Our Website; and
In any event to you as a buyer or prospective buyer of our Services.
We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 10 days from the date of your order.
PRICE, PAYMENT AND PROVISION OF SERVICE
It is possible that the price may differ from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
All services are billed in EUR.
You agree to pay the charge/s for the Services, from the PayPal account or credit card, information for which you have or will have supplied to us.
Monthly payments and other payment plans can only be charged using a Visa or Mastercard and are billed in advance according to the relevant payment due dates. You authorise us to arrange withdrawal of funds on this card at each payment due date without further reference to you.
If you have purchased a Service that is on a scheduled Payment Plan, you agree that you are obligated to pay the Payment Plan off in full according to the schedule listed on the order form / order confirmation.
Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
If we are not able to provide your Services within 10 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
If we change the nature or provision of the Services, you may terminate this contract.
If a change we make in the provision of the Services involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without prior notice.
You may not share or allow others to use any of the Services in your name.
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
* ‘Malgery’ will appear as the payee on your monthly Credit Card or PayPal statement.
CANCELLATION OF ORDER
We do not offer refunds under any circumstances.
If at anytime you decide to cancel your subscription and/or payments, you will lose access to your program within 48 hours.
This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS
If you are not in Slovak Republic, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
DISSATISFACTION WITH THE SERVICES
If for any reason you are not completely happy with your purchase, contact us immediately and please tell us:
1. exactly why you think we have failed;
2. the date, if relevant, of the failure;
3. when and how you discovered the failure;
4. the result of the failure;
5. your suggestion as to action we should take to resolve the situation and restore your faith in us.
To do this, it is essential that you contact us by email at the Contact Page on Our Website.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Malgery Aldaine will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
The materials on Our website are provided ‘as is’. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Malgery Aldaine does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
We do not operate from the professional position. In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company’s Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that:
– you own the rights to all of the Material that you post;
– any fact stated in your Material is accurate;
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
ACCEPTABLE USE POLICY
As a condition of your use of Our Website, you agree to comply with these provisions:
You will not use or allow anyone else to use the Web Site to post or otherwise publish:
– copyright works;
– commercial audio, video or music files;
– any Material which violates the law of any established jurisdiction;
– unlicensed software;
– software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
– links to any of the material specified in this paragraph;
– pornographic or other explicit Material;
– any Material showing cruelty and violent acts towards animals and/or humans
– any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
You will not use the Services for spamming. Spamming includes, but is not limited to:
– The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
– The sending of junk mail;
– The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
– Excessive and repeated posting off-topic messages to newsgroups;
– Excessive and repeated cross-posting;
– Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
– The emailing of age inappropriate communications or content to anyone under the age of 18.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
CHANGE OF THE TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
We will also announce the change via e-mail announcement.
I have read and understood the terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and a condition to the notice of my parent or guardian, and that person has agreed that I may browse your site and/or buy your Services.
Last Updated: February 2018