Terms & Conditions
Last update: 02/09/2020
We encourage you to read these Terms and Conditions (“Terms”, “these Terms”) carefully before using the muscledrives.com website, including all of its pages (“Site”). The Site is operated by Triple Tonic BV registered at Jaap Bijzerweg 19, 3446CR Woerden, The Netherlands (“we”, or “Company”).
By accessing our Site and using the services you agree and acknowledge that you have read and accept these Terms in their entirety, and agree to be bound by them.
These Terms become binding on you from the point you start using the Site as a registered user, either with or without subscription, and will remain in full force and effect unless and until they are terminated or until you use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site.
- Your account on the Site
In order to use some of the services you may be required to register a user account with us. In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
Your password or any other security identification information for your account on the Site is confidential, non-transferable and is for your personal use only You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You accept all risks of unauthorized use of your account and hereby release the Company from any liability in connection with any such unauthorized access.
Please kindly note that your use of the Site may be interrupted in case of maintenance, updates or need to configure or improve the Site. Such interruption may be due to legal proceedings or regulatory authorities prescriptions, including to protect the interests of any third party.
You acknowledge and agree that due to the nature of Internet the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do not accept any liability or responsibility for any loss or failure, lost data, or any other harm caused by any delays in access to the Site, the rendering of content or interruptions or technical failures of any kind, including without limitation those related to issues involving viruses, worms, bugs, tampering, unauthorized intervention, technical difficulties, hardware or software failures or delays, delays or failures resulting from the use of the Site or of any transmission of data within it.
- Subscription and payments
In order to try more features of our Site, you may purchase one of the offered subscription packages. We offer our users different subscription packages for further access to features and areas within the Site. The subscription fees may vary. You can find the prices on the sign up and payment page. Except as set out below, the payments for services are non-refundable.
Currently we offer the following packages: 3 day trial access to the Site for £1 and Monthly subscription packages for £59.99 that will automatically renew on a monthly basis until cancelled by you.
If you do not notify us before the renewal date of your subscription package that you want to cancel it, your subscription will be automatically renewed. In this case you hereby authorize the Company to collect the respective subscription fees by the valid payment method we have on record with your account for any packages, including trial ones. The payment will be debited only after the end of the current month.
When the transaction is successful we will renew your subscription on the regular terms. In case the transaction is declined we reserve the right but are not obliged to attempt to process the payment again for 5 times after the first failed transaction. In case after the last attempt the transaction is not successful your subscription for the services will be cancelled.
By accepting these Terms, you agree and acknowledge that the Company reserves the right to amend the subscription fee rates at any time in our sole discretion.
You have several options to manually cancel your trial or monthly membership with us: by visiting the “My Account” section of the Site and following the relevant link to Cancel Membership; by submitting a Cancelation of Subscription form on the Site; by contacting our Support with the respective request.
Please note that in case of such cancellation you will not be entitled to refund 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 paid period and no payments will be charged by us in the following months.
- Refunds
If you are dissatisfied with the services Company provided, you may contact our Support for refund. We may investigate the situation and consider various facts such as complaints from other users or customers’ comments, data on how you used the Site, etc. In case of positive decision we will only refund the most recent payment within the subscription. Please note that such refund will result in immediate cancellation of your subscription with us.
In case of any billing dispute, please contact us to attempt settlement before engaging any third party, credit card company or bank. We will dully and promptly assess your complaint.
- Payment security
Please note, that all payment transactions on our Site are processed in accordance with the PCI DSS. When you make a payment on our Site, you may be subject to terms and conditions and privacy policy of the payment service provider. We are not subject to any liability that could arise from the actions of such providers.
- Acceptable use of the Site
Our Site and its content are intended for your personal non-commercial use only. Some user activities are restricted on our Site. Please refer to the information as described below:
(i) Illegal activities
You may connect and use the Site in legal way only. You agree to be liable for any information you get, post, access, or store via the Site. The use of the Site for the purpose of sending, distribution, retrieval, or storage of any information, data, or other content in violation of any governing law or regulation is strictly prohibited. This relates also but is not limited to, the use or sending of any information that is protected by copyright, trademark, trade secret, patent or other intellectual property right without appropriate permission and the transmission of any content that form an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.
(ii) Unauthorized access/Interference
You shall not try to get unauthorized access to or try to interfere with or compromise the normal functioning, operation, or security of any section of the Site. You shall not use the Site to join in any activities that may violate the possibility of other users to access or use the Site. You shall not use the Site to monitor any data, information, or communications on any network or system. You are strongly prohibited from attempting to get access to the user profiles of other users, or violating system or network security, each of which may result in criminal and civil liability. Company is entitled to investigate incidents involving such violations and may involve and will cooperate with law authorities in case of any suspect of criminal violation. The Company reserves to possibility, but is not obliged to, monitor equipment, systems and network equipment at any time for security and management purposes.
(iii) Spoofing/Fraud
Users shall not intentionally or carelessly provide false data into the Internet via the Site, for instance in the form of bad routing information (including, but not limited to, the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or wrong DNS data.
You shall not try to send e-mail messages or transmit any electronic communications using a personal data of someone other than yours for purposes of fraud via the Site. Any attempt to imitate someone else by changing a source IP address data or by using falsified headers or other identifying information is forbidden. Any attempt to fraudulently mask, falsify, or otherwise falsify a user’s identity in connection with use of the Site is also prohibited.
The Company reserves the right to immediately suspend or terminate your access to the Site without notice or to remove your account information, data from our Site and any other records in case of your breach of these Terms. In case your account is terminated, you agree that all fees paid are final and all outstanding or pending payments will immediately be due.
- Content Policy
Our Site may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Site, including its legality, reliability, compliance with our Acceptable use policy and appropriateness. You shall fully indemnify the company in case of any non-compliance of your Content.
We reserve the right to remove any Content in case it is non-compliant in our sole discretion at any time without notice. We reserve the right to disclose your identity to any third party in the process of solving dispute in case any third party claims that Content uploaded by you to our Site violates their privacy or intellectual property rights.
Please contact us at [email protected] if you think that any content on our Site breaches these Terms.
- IP rights
The Site and its original content (excluding Content provided by users), texts, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software, features and functionality are and will remain the exclusive property of the Company and its licensors.
The Site and all its content are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the contents.
Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.
The Site, the name “Triple Tonic BV” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company are protected by copyright, trademark, and other applicable intellectual property laws of The Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
- Limitation of liability. Disclaimer
We make no representations or warranties of any kind or nature with respect to the information or Content posted on this Site.
This Site, the Content and the products and services provided on or available through this Site are provided on an “as is” and “as available” basis, with all faults. In no event shall the Company, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this Site, the Content, any materials, products or services provided on or through this Site or any linked site, including any special, direct, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this Site or the Content, whether or not there is negligence by the Company and whether or not the Company has been advised of the possibility of any such damages.
We shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any suspensions or terminations of the Site or Services (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
Except as explicitly specified, no information on our Site shall constitute a professional advice.
You agree to defend and indemnify Company from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.
- Miscellaneous
10.1 Entire agreement.
The Terms, including any legal notices and disclaimers contained on this Site, are the entire agreement between you and us relating to your use of and our provision of the access to the Site and Services and supersede any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
10.2 Amendments
We reserve the right to suspend access to all or part of the Site for any reason, as well as change it or any of its elements.
We may supplement, amend or otherwise modify these Terms or Privacy Policy 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.
10.3 Assignment.
You may not assign, transfer or sub-contract any of your rights under the Terms. Company may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Company. Additionally, Company may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
10.4 Headings.
Section headings are inserted for convenience only and shall not affect the interpretation of the Terms.
10.5 Severability.
If any of the provisions of these Terms is held invalid, such provisions shall be severed and the remainder of the Terms shall remain in force and shall not be affected thereby.
- Governing law. Dispute resolution
These Terms shall be governed and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions and the parties shall submit to the exclusive jurisdiction of the courts of The Netherlands.
- Notices.
In case you have any questions, complaints, or claims with respect to the services and these Terms, please contact:
TRIPLE TONIC BV.
Registered under 58363793.
Jaap Bijzerweg 19, 3446CR Woerden, The Netherlands.
E-mail: [email protected]
We appreciate your interest in our Site.
