top of page

Terms & Conditions

Welcome to Malize English!

Malize English is owned and operated by Martha Mukungu Consulting Services cc.

These are the terms and conditions for:

(Hereinafter referred to as “Malize English”).

The following terms and conditions apply to the website and services offered by Malize English. This includes the mobile and tablet versions as well as any other version of Malize English accessible via desktop, mobile, tablet, social media, or other devices.

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the Malize English website, "we", "us", "our" and “Malize English” refers to Malize English, and "you" and “user" refers to you, the user of Malize English.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING, OR OBTAINING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE WEBSITE.

 

1. ELIGIBILITY

Use of the website and purchase of the services may only be made in accordance with these terms and conditions and all applicable local, national, and international laws, rules, and regulations.

Access to the website and services is available to all ages, although we do not collect personal information from children under the age of 13 (see privacy policy). It is the responsibility of parents or legal guardians to determine whether the content, services and products are appropriate for their children or minors in their care. 

By using the website and purchasing the services, you represent and warrant that you have the full right, power, and authority to enter into these terms and conditions and to comply fully with all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that prevents you from agreeing to these terms and conditions.

You represent and warrant that your use of the website does not violate any applicable law or regulation. Malize English may, in its sole discretion, refuse to offer the website and services to any user and modify its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

 

2. NOTIFICATIONS

By providing your e-mail address to Malize English, you agree that we may use your e-mail address to send you important communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails. This option may prevent you from receiving emails related to Malize English.

 

3. LESSON BOOKING

Malize English offers English lessons through the website. English lessons can be booked through the website. By booking a lesson, you are offering to purchase the lesson for the advertised price indicated on the website at the time of booking. Please check the lesson description and lesson type before making a lesson booking. Once the booking and payment process is completed, the user will be able to join the booked lesson on the date and time of the booking.

When a user purchases a lesson reservation, Malize English will send an email to confirm the reservation and payment for the reservation. This confirmation email will also contain the invoice for the payment made for the lesson reservation.

Malize English may change or discontinue lesson availability at any time at its sole discretion. All new orders or bookings are considered separately and each is treated individually.

 

4. PAYMENTS

Lesson reservations can be paid for using the following payment methods:

  • Credit/debit card (Visa, Mastercard, American Express, Discover)

Payments within the website via credit/debit card will be processed through our payment processor DPO. The payment for the corresponding lesson will be charged to your credit/debit card or PayPal account immediately after the lesson booking process is completed. Once the transaction is processed, we will send an electronic receipt of the transaction to the buyer's email address. 

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card-issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment details will be processed and stored securely and exclusively for the purpose of processing your lesson booking. Malize English reserves the right to contact any payment platform available on the market, which processes your data for the sole purpose of processing the lesson booking.

 

5. ACCOUNT

Users can register and create an account on the website through a valid email address or through their Google or Facebook accounts. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Malize English of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Under no circumstances may you use another user's account without Malize English’s prior authorization. Malize English will not be liable for any loss or damage arising from your failure to comply with this agreement.

Users may cancel their accounts anytime and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Malize English.

Malize English reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if it believes that you have violated any of these terms, provided Malize English with false or misleading information, or interfered with any other party's use of the website or the service.

 

6. DISCLAIMER

By accessing the website and booking lessons, the user accepts personal responsibility for the results of the use of the services and content available through the lessons. The user accepts and declares that Malize English does NOT guarantee any benefit, nor any kind of personal result from the use of the services and information that users obtain through the lessons. The user further agrees that Malize English does not guarantee any results from the use of the services available on the website in general. Malize English provides resources and content for informational and educational purposes only. You acknowledge that your ultimate success or failure will be the result of your own efforts, your own particular situation, and a variety of circumstances beyond Malize English’s control. Your use or misuse of our services or any content or information obtained through the lessons is at your own risk and responsibility. Malize English does not accept any claims for the use or misuse of the services and information obtained through the lessons.

 

7. COPYRIGHT

All materials on Malize English, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software, and other elements are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Malize English or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Malize English are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Malize English's prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Malize English or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

 

8. COPYRIGHT INFRINGEMENT

Malize English will respond to all inquiries, complaints, and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. Malize English respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Malize English website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information: 

  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Malize English can find it on the website.

  • Your name, address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

 

9. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Malize English by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  • Deep-link to any part of our website for any purpose without our express written permission;

  • "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission;

  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Malize English in connection with the website.

  • Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.

 

 

10. THIRD PARTIES

Through your use of the website and services, you may encounter links to third-party websites or be able to interact with third-party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Malize English provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that Malize English is in no way responsible or liable for any such third-party sites.

 

 

11. INDEMNIFICATION

You agree to defend and indemnify Malize English and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.

  • Your violation of any law or the rights of a third party.

  • Your purchase of the services.

 

12. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Malize English for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

13. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

 

14. PERSONAL DATA

Any personal information you provide or submit in connection with your use of the website and purchase of our services will be used in accordance with our privacy policy. View our privacy policy.

 

15. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Malize English, shall constitute the entire agreement between you and Malize English concerning and governs your use of the website.

 

16. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, performance, interpretation or validity thereof or the purchase of the services offered on the website, shall be resolved by binding arbitration between you and Malize English, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with your use of the website, purchase of the services or breach of these terms, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization, as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Malize English may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of the services offered on the website.

The courts of Namibia shall have jurisdiction over any dispute, controversy or claim relating to Malize English and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Namibia.

 

17. FINAL PROVISIONS

These terms and conditions are governed by the laws of Namibia. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal processes, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

 

Any rights not expressly granted herein are reserved.

 

18. CONTACT INFORMATION

If you have any questions or concerns about these terms, please contact us through our contact form or through the following information:

Malize English.

Email: hello@malize-englishacademy.com.na

bottom of page