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TERMS AND CONDITIONS

Last update: 01/2024.

The Present Terms and Conditions constitute a legally binding agreement between
the you (“User”or “you”or “your”) and SouthShore Idea s.r.o., as hereafter
defined.

The Present Terms and Conditions are regulating the access and use of the
Website  as well as any other services, application related or connected thereto

By using this Site, you are agreeing to these Terms. If you do not agree to
these Terms, then you are not allowed to use this Site and should immediately
terminate such usage.

The Present Terms and Conditions may refer to our Privacy Policy, which also
applies to the use of the Website.

 1. Definitions

“Account” is defined as the established relationship between User and a
computer, network or information service giving access to the Service.

“Company” is defined as SouthShore Idea s.r.o.

“Service” is defined as the Content provided to you by the Website via the
Account.

“SouthShore Idea s.r.o.” is defined as SouthShore Idea s.r.o., a Czech law
Limited Liability Company (“Společnost s ručením omezeným”) incorporated under
the laws of the Czech Republic with registered address at Kirovova 2303/10,
Mizerov, 734 01 Karviná, Czech Republic.

“Terms” is defined as the present Terms and Conditions.  

“User” is defined as the person making use of the Service.

“Website” is defined as the following website :  https://tonictrain.com/

 2. Access and Registration

You may need to register for a User account in order to make use of the Service.
Any registration information that you provide to us must be accurate, current,
and complete. You must also update your information so that Company may send
notices, statements, and other information to you by email or through your
account. You are responsible for all actions taken through your accounts.

You are solely responsible for your interactions with other users. Company does
not carry out any checks on any prospective users, so please take care what
information you share with others.

For more information regarding the data we collect from you and how we use it,
please consult our Privacy Policy.

 3. Subscription and Invoicing

3.1. Definitions

In this section and in the rest of the present Terms the following words have
the hereafter meaning.

“Invoicing date” is defined as the day on which the Company is charging the
Credit card provided by the User.

“Payment period” is defined as a one-month period for which the User is being
invoiced by the Company.

“Period” is defined as period of one month and is offered as monthly renewal
packages.

3.2 Subscription

We offer our users subscription packages for further access to features and
areas within the Site. You may find detailed information regarding different
packages and subscription plans (“Subscription”) in the relevant part of the
Site.

In general, we offer 1-to-3 day trial period option for $1 and monthly renewal
packages $80.

Your trial period will begin upon receipt of the product.

Subscriptions will automatically renew at the end of any Period. You agree that
your account will be subject to such automatic renewal.

3.3. Invoicing and Payment

User will provide the Company with valid and updated credit card information. By
doing so, Userr authorizes the Company to charge such credit card for the use of
the Service for the Period to come and any renewal subscription Period(s) as
described in clause 3.1.

Such charges will be made in advance, when each Period expires.

User is responsible for providing a valid and updated credit card information at
the time of purchasing the Service and notifying Company of any changes to such
information.

Where Subscription changes in price, we will provide you with as much notice as
we can, and you may cancel your Subscription at any time. By continuing to use
the Service, you agree to any such price change.

 4. Cancellation and Termination

4.1. Voluntary termination

You may terminate your trial or monthly membership at any time, for any reason,
by following the instructions in relevant part of the Site.

You may cancel your subscription with us in the following ways: (i) by visiting
the “My Account” section of the Website and following the relevant link to
Remove Your Account; (ii) by submitting a Cancelation Subscription form; (iii)
by contacting our Support with the respective request.

To be considered by the Company, the termination instruction must be done before
the end of the Period. Every termination instruction submitted after the
invoicing date, will only be effective after the end of such Period. 

4.2. Company’s termination

Company may terminate your Account at any time without notice if it believes
that you are in breach of these Terms. In the event of such termination, you
will not be entitled to any refund. After your Account is terminated, these
Terms except those which are intended to survive termination, will expire.

A breach of these Terms of Use may result in us taking all or any of the
following actions:

 * immediate, temporary or permanent withdrawal of your right to use our site
   (including, without limitation, your Account, if applicable);
 * immediate, temporary or permanent removal of any Contributions (as defined
   above) by you to our site;
 * issue of a warning to you;
 * legal proceedings against you for reimbursement of all costs on an indemnity
   basis (including, but not limited to, reasonable administrative and legal
   costs) resulting from the breach;
 * further legal action against you; and/or
 * disclosure of such information to law enforcement authorities as we
   reasonably feel is necessary.

The Company excludes liability for actions taken in response to breaches of
these Terms. The responses described in these Terms are not limited, and we may
take any other action that we reasonably deem appropriate.

If, as a result of any action taken pursuant to this section, we close your
Account (if applicable), all data and information in and relating to that
Account will be deleted and lost. We will not be liable to you for any such
deletion or loss.

Except where indicated in these Terms, we do not provide any refunds for any
partial-month subscription periods or unused services. If you cancel your
subscription, you will have access to the services till the end of the
Subscription period. No payments will be charged by us in the following months.

 5. User’s Obligations

5.1. General obligations

Company takes the conduct of its users very seriously. By using the Services,
you agree that you will not:

 * Use the Service for any illegal purpose;
 * Use the Service in a way which is prohibited by these Terms;
 * Request money from or defraud any other users;
 * Impersonate any person or post any images of another person without his or
   her permission;
 * Post content to intentionally intimidate, annoy, threaten or harass any
   person post any content that violates or infringes any third party’s rights,
   including any intellectual property rights;
 * Post content which is inaccurate or misleading;
 * Use the Service to send spam, junk or chain mail, or to advertise or promote
   commercial endeavours;
 * Post any content that is threatening, sexually explicit or pornographic,
   incites violence or contains violence;
 * Post any content that promotes racism, bigotry, hatred or physical harm of
   any kind against any group or individual;
 * Reveal another person’s personal information without his or her permission.
 * Use another user’s Account;
 * Create another account if we have already terminated your account, unless you
   have our permission;
 * Register for more than one account;
 * Post, copy, modify, disclose or distribute any confidential information, any
   content which is subject to third party rights without first obtaining the
   approval of that third party (eg. a professional photograph).

By registering on Site, you represent and warrant that you are at least 18 years
old. Registration on Site is void where prohibited. By using Site, you represent
and warrant that you have the right, authority, and capacity to enter into these
Terms and to abide by all of the Terms. You may not authorize others to use your
Account, and you may not assign or otherwise transfer your Account to any other
person or entity.

You agree to compensate Company for any claim or damages (including any legal
fees in relation to such claim or damages) demanded by a third party in respect
of any matter relating to or arising from any breach or suspected breach by you
of these Terms or the rights of a third party.

5.2. Password and Account

You will be responsible for tracking all activity for each user account, and you
agree to: (a) maintain the security of all passwords and usernames; (b) notify
the Company immediately of any unauthorized use or other breach of security; and
(c) accept all responsibility for activity that occurs under each user account.
The Company reserves the right to monitor downloads and user activity to ensure
compliance with the present Terms of Use. If the Company determines that you are
in breach of this or any other term of the present Terms of Use, it may suspend
access to your account and seek further legal remedies according to clause 4.

 

 6. Content.

You may submit suggestions, ideas, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of “spam”. You may not use a false email address or give
any form of misleading information as to the content’s origin. We reserve the
right to remove any such content. We are neither responsible nor liable for any
content posted by you or a third party.

All emails, content posted, and any submitted material sent to the email
addresses of Company become the property of Company. You agree that anything
sent to us by you is something to which you own the rights, and that you grant
us the rights to use such information.

 7. External Site Links

If parties other than Company offer productsor services on our Site, we provide
links to those sites; however, we are not responsible for examining or
evaluating those sites, and we do not assume any responsibility or liability for
the actions, product, and content of all these and any other third parties.

Links to third-party sites do not imply Company’s sponsorship or endorsement of
those sites or products. Your use of such sites is at your own risk, and you
should carefully review their privacy policies and other terms and conditions of
use.

Where our site contains links to other websites and resources provided by third
parties, these links are provided for your information only. We have not
reviewed those websites or resources, and we have no control over or
responsibility for the contents of them.

 8. Responsibilities

The Service is provided on an “as is” basis and Company grant no warranties of
any kind (whether express, implied, statutory or otherwise) with respect to the
service Company does not represent or warant that (a) the Service will be
uninterrupted, secure or error free, (b) any defects or errors in the Service
will be corrected, or (c) that any content or information you obtain on or
through the services will be accurate.

Company does not carry out any checks on any of its users and gives no warranty
that any information relating to any of its users is accurate.

You are solely responsible for any content that you post, send or receive
through the Service.

You are also solely responsible for taking all appropriate safety precautions in
connection with your use of the Service and in communicating with other users.

Please report any behaviour you encounter which is in breach of these Terms to
help@tonictrain.com dating including any behaviour which may be harmful,
threatening, harassing or unlawful.

 9. Intellectual Property

Company is the owner or the licensee of all intellectual property rights in the
Site, and in the material published on it. Those works are protected by
copyright laws around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the
Site for your personal use and you may draw the attention of others within your
organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text

You must not use any part of the content on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these
Terms, your right to use our Site will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made. We reserve
the right to pursue legal action against anyone who violates these Terms.

The content on our site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action
on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we
make no representations, warranties or guarantees, whether express or implied,
that the content on our site is accurate, complete or up to date.

 10. Disclaimer and Limitation of Liability

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT
MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY
LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES,
REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT,
WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY USER FOR
ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF
STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN
CONNECTION WITH:

 * USE OF, OR INABILITY TO USE, OUR SITE;
 * USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE; OR
 * YOUR APPOINTMENT, INSTRUCTION OR USE OF SUPPLIERS OR OTHER PERSONS FOUND
   THROUGH OR AS A RESULT OF USING OUR SITE.

PLEASE NOTE IN PARTICULAR THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL
NOT BE LIABLE FOR:

 * LOSS OF PROFITS, SALES, BUSINESS, REVENUE OR EARNINGS;
 * BUSINESS INTERRUPTION;
 * LOSS OF ANTICIPATED SAVINGS;
 * LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
 * ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON
IT, OR ON ANY WEBSITE LINKED TO IT.

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH
LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF
THEM.

 11. Indemnity

You agree, to the extent permitted under applicable law, to indemnify Company,
our affiliates, and their and our respective officers, directors, agents, and
employees from and against any and all complaints, demands, claims, damages,
loses, costs, liabilities and expenses, including legal expenses, due to,
arising out of, or relating in any way to your use of the Services, any content
that you post, or your breach of these Terms.

 12. Miscellaneous

12.1. Entire Agreement

These Terms contain the entire agreement between you and Company regarding the
use of the Service. If any provision of these Terms are held invalid, the
remainder of the Terms shall continue in full force and effect. Any failure by
Company to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.

12.2. Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of
law or arbitrator (as applicable) with binding authority, then the remaining
provisions shall not be affected, and the said court of law shall reform the
invalidated or unenforceable term or condition to the maximum extent permitted
under the law and consistent with the intent of these Terms.

12.3 Amendment

We may supplement, amend or otherwise modify these Terms at any time. Such
modifications will be posted on this or a similar page of the Site, or sent to
you by e-mail, as applicable. Your continuing visit, access, registration or use
of the Site reaffirms your acceptance and agreement in each instance.

 13. Governing law

The present Terms, and any dispute, controversy, proceedings or claim of
whatever nature arising out of or in any way relating to the Terms, shall be
governed by and construed in accordance with the law of the Czech republic.

The parties irrevocably agree that if any dispute arises between or among the
Parties, and it is not resolved, the Parties shall first proceed in good faith
to submit the matter to mediation. Costs related to mediation shall be mutually
shared between or among the Parties. Unless otherwise agreed in mediation, the
Parties retain their rights to proceed to arbitration or litigation.

After having made use of mediation, Parties irrevocably agree that the competent
Court of Prague shall have exclusive jurisdiction to hear, settle and/or
determine any dispute, controversy or claim (including any non-contractual
dispute, controversy or claim) arising out of or in connection with the present
Terms, including any question regarding its existence, validity, formation or
termination.

 14. Contact Information

Should you have any questions, complaints, or claims with respect to the Terms,
please contact us :  help@tonictrain.com

PLEASE NOTE THAT THIS MAIL ADDRESS IS NOT FOR CUSTOMER CARE CLAIMS AND NO
CUSTOMER CARE CLAIM WILL BE PROCESSED USING THIS MAIL ADDRESS.

FOR CUSTOMER CARE CLAIMS PLEASE CONSULT WITH THE SPECIFIC PORTAL MAIL ADDRESS.

The Company does not provide any guaranteed response time, but will make a good
faith effort to answer questions within five (5) business days.

About Us • Support • Membership • Cancellation & Refunds • Terms • Privacy
Policy

Copyright © 2024 tonictrain.com is owned and operated by SouthShore Idea s.r.o.

Kirovova 2303/10, Mizerov, 734 01 Karviná, Czech Republic.
Registration number 11716452 and Tax identification no. CZ11716452.
help@tonictrain.com | +618002085372