Terms and Conditions

Please carefully read the following terms for gaining access and using the website www.thesmarttrain.com. If you do not accept and agree to all of the conditions imposed in this agreement, you may not access the site.

Your use of thesmarttrain.com products and services is subject to these Terms and Conditions of Service. By using thesmarttrain.com, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications thesmarttrain.com may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

1. Contact Information

Address

The Smart Train

Lavelanet

09300 France

 

Customer Service

Email: hello@thesmarttrain.com

Telephone: +33 670 52 74 22

Website: thesmarttrain.com

2. Definitions

  • “access” or “accessing” means accessing, using, viewing the content or otherwise obtaining information on the website.
  • “agreement” or “terms” refers to these Terms and Conditions of Service and any subsequent modifications.
  • “exercises” or “exercise files” refers to the exercise files provided by thesmarttrain.com for use with the training videos and other media.
  • “thesmarttrain.com” refers to The Smart Train, a Coaching & Training business based in France.
  •  “standard content” means the training videos and other media available on thesmarttrain.com, excluding the Exercise Files.
  • “premium content” means the “standard content” and includes the Exercise Files.
  • “subscriber” refers to any person or entity that purchases or uses a subscription to thesmarttrain.com and may be a single-user subscriber, multi-user subscriber or gift subscription recipient.
  • “supplier” refers to thesmarttrain.com, or any agent acting on its behalf.
  • “website” or “site” refers to the website maintained on the World Wide Web by thesmarttrain.com, available at http://www.thesmarttrain.com.
  • “you” or “your” refers to the user. If you are accessing the site as an employee or agent of another, “you” or “your” refers to the user and the user’s principal.
  • “user” means any person or entity that accesses thesmarttrain.com. User includes any subscribers.

3. Modification of Terms

thesmarttrain.com reserves the right to modify these Terms & Conditions at any time. Except as otherwise stated herein, any change to these terms is effective immediately. Notice can be given through e-mail, a posting on the site or any other means by which a user may obtain notice. User agrees to check the site periodically for changes to these terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Shipping

Orders are normally dispatched, from France, within 2 working days of the order being received directly or through thesmarttrain.com website. For simplicity, two shipping options are provided for the purchase of products on thesmarttrain.com. Shipping costs are determined by the delivery address.

Flat Rate Shipping:

For CDs, DVDs, and books, the following “shipping methods” are available, depending on user delivery address:

Delivery destination – France:

·       Standard Post: Products purchased to be delivered by standard post from France

·       Registered Post: Products purchased to be delivered by registered post from France

Delivery destination – Rest of World:

·       Standard Post: Products purchased to be delivered by standard post from France

·       Registered Post: Products purchased to be delivered by registered post from France

Standard Post: Standard Post is the most cost-effective delivery method for purchases made on thesmarttrain.com. Standard Post does not guarantee delivery of user purchases, nor does it guarantee delivery in the time specified (normally 2 working days of order being dispatched). By choosing this shipping method, the user agrees to indemnify thesmarttrain.com of all responsibility of proof of delivery. This does not affect the user’s statutory rights.

Registered Post: Registered Post provides a guarantee that delivery will be attempted at the delivery address. This delivery system requires a signature on delivery, and provides tracking options for the supplier to ensure purchases made have been dispatched. By choosing this shipping method, the user agrees to take responsibility for signature and accepting delivery (including collection from the delivery office if delivery attempt is unsuccessful).

Free Shipping:

Free shipping can be provided at different times, depending on overall spend for each complete transaction. This amount can change due to special offers and discounts being provided at different times. Full details will be provided on the website.

5. Refunds

If you need to return a product (including digital or printed media) for any reason, please inform us within 3 days of receipt of your order, and return ship within 7 days of receipt for a full refund of the purchase amount, minus shipping and payment fees. You are responsible for all return shipping costs. A full refund will be provided only if the goods are undamaged, unchanged, and returned in their original form (including DVD casings etc). This does not affect your statutory rights.

6. Gift Certificates

Gift Certificates can be purchased on request by email. The Certificate can be used by the recipient via a Gift Voucher Code to purchase products, services or access to content on the www.smarttrain.com website. After a person purchases a Gift Certificate, thesmarttrain.com will send a welcome email to the recipient informing them of their gift voucher code, and details of how to redeem the voucher.

Gift Voucher Terms and Conditions

  • There are no refunds available on gift vouchers purchased from thesmarttrain.com, as they are supplied electronically
  • There is no exchange or surrender for cash value
  • A recipient’s use of a gift voucher code constitutes acceptance of and agreement to these terms and conditions of service

7. Our promise to you

We are committed to providing the best possible service to our customers. However, we recognise that sometimes things can go wrong. If you are not entirely satisfied with the service you have received, call us direct on +33 670 52 74 22. Nothing on the website or in our terms of service will affect the legal rights of the consumer under the French Sale of Goods legislation.

8. Access and Modification of Content

thesmarttrain.com strives to provide site access to its users on a continuous basis. To that end, thesmarttrain.com will take all commercially reasonable efforts to provide uninterrupted site access to its users. However, from time to time, users may be unable to access the site due to conditions beyond thesmarttrain.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of thesmarttrain.com to its users, thesmarttrain.com will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

thesmarttrain.com endeavours to provide the highest quality content to its users. To that end, thesmarttrain.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the site.

Users of thesmarttrain.com are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the site.

9. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “ prohibited conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site, or adversely affects thesmarttrain.com’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these terms.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
  • Transfer the site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the site content; or “deep link” to the site content.
  • Violate or attempt to violate thesmarttrain.com’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the site or corrupt the site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of France.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users of the site or thesmarttrain.com.
  • Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by thesmarttrain.com.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the site.
  • Provide any commercial hosting service with access to the site and/or the content on the site.

To ensure that users of the site do not engage in prohibited conduct, thesmarttrain.com reserves the right to monitor use of the site and reserves the right to revoke or deny access to the site to any person or entity whose use of the site suggests  prohibited conduct. Access of the materials available at the site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the site and will result in revocation or denial of access to the site. The terms “normal patterns” and “abuse” shall be determined solely by thesmarttrain.com.

You agree not to violate any French, foreign or international software or technology export laws and regulations.

10. Disclaimers and limitation of liability

Although thesmarttrain.com has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

User accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. thesmarttrain.com does not warrant any particular result from use of the site. thesmarttrain.com does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.

Under no circumstances and under no legal theory (tort, contract or otherwise) shall thesmarttrain.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.

Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount thesmarttrain.com received from you for a subscription to access the site or to purchase a product, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

In no event will thesmarttrain.com be liable for any damages in excess of the amount thesmarttrain.com received from the subscriber for a subscription to access the site, or any other user in purchasing a product, even if thesmarttrain.com shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of thesmarttrain.com, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. thesmarttrain.com is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

No dealer, agent, or employee of thesmarttrain.com is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.

The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

11. Copyrights, trademarks and other proprietary rights

thesmarttrain.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the html code, the “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by thesmarttrain.com.

Except as expressly stated on the site or in these terms, nothing that you read or see on the site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of thesmarttrain.com, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of thesmarttrain.com’s intellectual property except as set forth in section 4.

If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to thesmarttrain.com, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

12. Indemnification

User agrees to defend, indemnify and otherwise hold harmless thesmarttrain.com and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and solicitor fees, related to or arising from user’s  prohibited conduct or other improper or illegal use of the site, or breach of these terms.

13. Security; authorised use

Users are prohibited from violating or attempting to violate the security of the site. thesmarttrain.com has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. thesmarttrain.com may suspend your access while it conducts an investigation.

You represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms.

You may not use the account, user name or password of someone else at any time. You agree to notify thesmarttrain.com immediately of any unauthorised use or loss of your account, user name, password and/or other information. You also agree to notify thesmarttrain.com immediately if you are aware of or suspect other unauthorised use of the site and/or the site content. thesmarttrain.com will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by thesmarttrain.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.

thesmarttrain.com will never ask you for your password. If you need a new user name and/or password, thesmarttrain.com will generate a new user name and password automatically through its computers and send it to your e-mail address provided by you on registration.

14. Termination of agreement

In addition to thesmarttrain.com’s other rights, it may terminate this agreement at any time and at its sole and absolute discretion. thesmarttrain.com may terminate access to the site or cancel subscriptions without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that thesmarttrain.com deems inappropriate.

15. Special Offers and Discounts

Periodically, The Smart Train will offer special discounts and coupons on the website or social media channels. The offers, coupons and discounts relate to all products and services bought through the website, via the shopping cart. Therefore, payment plans are not included in the special discounts, coupons and offers.

16. Miscellaneous

These terms constitute the entire agreement between thesmarttrain.com and the user regarding the subject matter hereof. If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.

Upon user’s breach or threatened breach of these terms, thesmarttrain.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. thesmarttrain.com’s remedies are cumulative and not exclusive. Failure of thesmarttrain.com to exercise any remedy or enforce any portion of this agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter.

This agreement shall be interpreted in accordance with the laws of France. thesmarttrain.com makes no representation that the content of the site is appropriate or available for use in all locations. thesmarttrain.com operates this site from France and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these terms. The parties agree that no third party is an intended beneficiary of these terms. thesmarttrain.com cannot provide notifications via post, only e-mail.

By using thesmarttrain.com you are bound by these terms.

Dated June 2012