Table of contents:

Article 1 - Definitions

Article 2 - Contact information

Article 3 - Applicability

Article 4 - App Usage Rights

Article 5 - Registration and Suspension

Article 6 - Access to the Jungle the Bungle App 

Article 7 - Pricing

Article 8 - Privacy 

Article 9 - Intellectual property

Article 10 - Liability

Article 11 - Apple

Article 12 - Google

Article 13 - Applicable law and jurisdiction

Article 14 - Changes to these Terms and Conditions

 

 

Article 1 - Definitions

In these terms and conditions, the following terms shall have the meanings ascribed to them:

  • Account: the personal and secured environment of the User (hereinafter also referred to as "Parent Account") or the Child (hereinafter also referred to as "Child Account") within the Jungle the Bungle App, accessible to the User or the Child after entering their Login Credentials;
  • Cooling-off period: the period during which the User can exercise their right of withdrawal;
  • Day: calendar day;
  • Service: the mobile application ("the App") named Jungle the Bungle available to Users on mobile devices with an Apple or Google operating system, including any updates. In the Jungle the Bungle App, content is provided to allow children between the ages of 2 and 8 to learn a new language in a playful manner.
  • Digital content: all content produced and delivered in digital form;
  • Continuing performance contract: an Agreement that involves the regular delivery of goods, services, and/or digital content for a specified period;
  • User: the adult, a natural person who is not acting in profession or business capacity, , making use of the App;
  • User Agreement: the Agreement entered into through registration for the App, to which these Terms apply;
  • Right of withdrawal: the User's ability to refrain from a distance selling agreement within the cooling-off period;
  • Child: the natural person aged 2-8 years who, through a Child Account linked to a Parent Account, uses the Jungle the Bungle App;
  • Model withdrawal form: the European model withdrawal form included in Annex I to these terms; Annex I does not need to be made available if the User has no right of withdrawal regarding their order;
  • Remote communication technique: a means that can be used for the conclusion of an Agreement, without the User and Jungle the Bungle B.V. needing to be physically present in the same space simultaneously.

Article 2 - Contact information

These are the General Terms and Conditions (T&C) and elsewhere on the site, when referring to Jungle th Bungle or Jungle the Bungle B.V. the following is understood:

Full name: Jungle the Bungle B.V.

Chamber of Commerce number: 78649684

VAT number: NL861483078B01

IBAN: NL71 RABO 0357 0767 29

Address: Nicolaas Barnhoornweg 27, 2202 JA Noordwijk 

Mail address: info@junglethebungle.com

Website: www.junglethebungle.com

Article 3 - Applicability

  1. These General Terms and Conditions apply to any offer from Jungle the Bungle B.V. regarding the Service and to the concluded Agreement for the provision of the Service between Jungle the Bungle B.V. and the User.
  2. The invalidity of one or more provisions of these General Terms and Conditions does not affect the other provisions, which remain in full force. 
  3. In cases where the General Terms and Conditions and the Agreement do not provide, Jungle the Bungle B.V. is allowed to provide for reasonable arrangements. 
  4. Dutch law applies to these General Terms and Conditions.

Article 4 - App Usage Rights

  1. To use the App, the User must download the App via the Apple App Store, Google Play Store, or another digital platform. 
  2. Jungle the Bungle B.V. grants the User a non-exclusive, non-sublicensable, and non-transferable right to use the App for personal non-commercial use from the moment of registration for the duration of the User Agreement. 
  3. The use of the App is at the User's own risk. The User guarantees that he will use the App only in accordance with these Terms.
  4. The User is not allowed to make the App available to a third party (including providing login credentials) or to sell, rent, or modify the App nor to make it subject to reverse engineering. The User is also not allowed to remove or bypass technical measures intended to protect the App.

Article 5 - Registration and Suspension

  1. The Offer is only intended for adults (18 years old). 
  2. The Agreement is estahablished when the User downloads the App to a device in one of the ways indicated by Jungle the Bungle.
  3. Users have the right to cancel the purchase within 14 days without providing a reason. How to exercise this right is explained in the App Store and Google Play Store
  4. The Agreement is entered into for the period specified in the offer and/or the Agreement (one month or one year).
  5. The Agreement is automatically extended for an indefinite period after the expiration of the Agreement's end date.
  6. If the User no longer wishes to use the App, they can remove the App from their device by uninstalling it. The burden of proof for timely termination of the agreement lies legally with the party invoking the consequences of the communication. Whoever terminates the agreement must prove that the communication has actually reached the addressee in a timely manner.
  7. Jungle the Bungle B.V. is entitled to terminate the agreement extrajudicially or - entirely at Jungle the Bungle B.V.'s own discretion - suspend the performance of the agreement without any notice being required, in the event of improper fulfilment of the User's obligations. 

Article 6 - Access to the Jungle the Bungle App

  1. To use the App, the User must create a Parent Account. 
  2. The login credentials providing access to the Jungle the Bungle App are personal and non-transferable. 
  3. A User with a Parent Account can create a maximum of three Child Accounts. Each Child Account is linked to a profile that tracks individual progress of the Child learning a new language via the games.
  4. The User is not allowed to grant access to the App to third parties via their account or provide their login credentials to third parties.
  5. The User is fully responsible and liable for all use of their login credentials and for all actions performed through their Parent and Child Accounts. 
  6. Jungle the Bungle will make reasonable efforts to ensure the availability of the Jungle the Bungle App but does not guarantee that all services will be usable at all times.
  7. Jungle the Bungle B.V. is entitled, without prior notice, to temporarily disable or restrict the use of its systems as far as necessary for reasonably required maintenance or necessary adjustments or improvements to the website or application, without creating a right to compensation from the User to Jungle the Bungle B.V.

Article 7 - Pricing

  1. Jungle the Bungle charges fees for the use of the App, which will be communicated before the entering into the Agreement.
  2. The User bears the costs of purchasing and using the terminal equipment and connections (mobile and/or wireless internet) necessary for using the App. 
  3. Jungle the Bungle B.V. is allowed to adjust its prices annually in accordance with inflation indexing.  
  4. Execution of the Agreement and all related communications and notifications take place at the email address specified by the User or in App.

Article 8 - Privacy

  1. Jungle the Bungle B.V. processes the personal data of Users and Children for the execution of the services under the agreement, as well as for marketing and analysis purposes. More information can be found in our privacy statement.

Article 9 - Intellectual property

  1. All intellectual property rights regarding the App and the Digital Content, including copyrights, database rights, and trademark rights, belong to Jungle the Bungle B.V. 
  2. The User is not allowed to reproduce, store, and/or disclose the name, content, and/or layout or content of the Website or App in any way without the prior written consent of Jungle the Bungle B.V.

Article 10 - Liability

  1. Jungle the Bungle does not provide any guarantees regarding the use of the App or its Digital Content and accepts no liability for any damage or injury of any kind resulting from the use of the App or its Content.
  2. Jungle the Bungle B.V. does not guarantee that the App will always be available in the future and/or function without interruption at all times. Jungle the Bungle B.V. reserves the right to (temporarily) disable or limit the use of the App in connection with maintenance or adjustment work. 
  3. Jungle the Bungle B.V. accepts no liability for any direct or indirect damage of any kind arising from or in any way related to the use of the App/Digital Content, (un)availability of or errors in the App or Digital Content, software, downloads, or other data files.

Article 11 - Apple

In addition to these Terms, the following conditions apply when using Apple equipment and/or software:

Apple Inc. ("Apple") is not a party to the Agreement and is not responsible for the App and its Content. If the applicable usage instructions and terms of Apple, available at www.apple.com, go beyond or conflict with what is stated in these Terms, the aforementioned applicable usage instructions prevail over these Terms.

The right to use in Article 4 of these Terms is limited to using the App on Apple-authorized terminal aquipment and in accordance with Apple's applicable terms.

Apple is not obliged to provide any maintenance and support services in connection with the App.

Apple is not responsible and liable for any direct or indirect damage or costs to you or third parties, for any reason, due to a violation of third-party intellectual property rights or a violation of applicable product liability law, consumer law, or any other applicable legal provision.

By accepting these Terms, the User confirms that they (i) do not reside in a country subject to an embargo issued by the competent authorities of the United States or designated by the competent authorities of the United States as a "terrorist supporting country," and (ii) are not listed on a list of "prohibited or restricted parties" by the competent authorities of the United States.

Notwithstanding the provisions of Article 6:145 Dutch Civil Code, the User agrees that Apple is a third-party beneficiary with respect to the Terms and that Apple has the right to enforce the provisions in the App Terms in its own name as if Apple were Jungle the Bungle B.V.

Article 12 - Google

In addition to these Terms, the following conditions apply when using Google equipment and/or software:

Google Inc. ("Google") is not a party to the Agreement and is not responsible for the App and its Content. If the applicable usage instructions and terms of Google, available at www.google.com, go beyond or conflict with what is stated in these Terms, the aforementioned applicable usage instructions prevail over these App Terms.

The right to use in Article 4 of the Terms is limited to using the App on Google-authorized terminal equiepment and in accordance with Google's applicable terms.

Google is not obliged to provide any maintenance and support services in connection with the App.

Google is not responsible and liable for any direct or indirect damage or costs to you or third parties, for any reason, due to a violation of third-party intellectual property rights or a violation of applicable product liability law, consumer law, or any other applicable legal provision.

By accepting these Terms, the User confirms that they (i) do not reside in a country subject to an embargo issued by the competent authorities of the United States or designated by the competent authorities of the United States as a "terrorist supporting country," and (ii) are not listed on a list of "prohibited or restricted parties" by the competent authorities of the United States.

Notwithstanding the provisions of Article 6:145 Dutch Civil Code, the User agrees that Google is a third-party beneficiary with respect to the Terms and that Google has the right to enforce the provisions in the App Terms in its own name as if Google were Jungle the Bungle B.V.

Article 13 - Applicable law and jurisdiction 

These Terms, the use of the App, and all resulting or related disputes are exclusively governed by Dutch law. 

Article 14 - Changes to these Terms and Conditions

Jungle the Bungle B.V. may change these Terms. The terms were last amended in January 2024.

November 2023



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