topmentaltraining.com is a web service/product owned and run by the company Special Educational Systems with its place of business V Zahradni ctvrti 233/26, Praha 4, 140 00, Czech Republic.

Contact email address: info@topmentaltraining.com

Phone number: +420 244 471 829

These Terms  & Conditions regulate the use of all products and services provided by the company Special Educational Systems, the website „www.topmentaltraining.com“ and its content included. They contain several documents, primarily Terms and Conditions, Privacy Policy and Mediation Agreement.

BY USING THE WEBSITE TOPMENTALTRAINING.COM (AND ITS CONTENT) AND/OR SERVICES OF TOPMENTALTRAINING.COM, YOU AGREE TO BE BOUND BY THE FOLLOWING CONDITIONS AND ACCEPT THEM IN FULL INCLUDING ANY AMENDMENTS, REVISIONS OR CHANGES MADE IN THESE CONDITIONS. IF YOU DO NOT AGREE WITH THESE CONDITIONS OR IF YOU DO NOT WANT TO BE BOUND BY THEM, DO NOT USE THE TOPMENTALTRAINING.COM WEBSITE, PRODUCTS OR SERVICES. The company Special Educational Systems reserves the right to revise or change these conditions in accordance with its consideration to reflect legal, technical or any other change in status quo with no prior notice. The latest update of this agreement is available on the website „www.topmentaltraining.com“. Therefore all users are strongly recommended to read this agreement carefully and search for updates. These documents are valid in compliance with the latest update.

General Overview

The website „www.topmentaltraining.com“, its content and related products and services are available to all adult individuals who are authorized to conclude contracts (binding agreements). The proof of this criterion in the form of identification data or contact details can be requested when entering any (or some) of the services.

The agreement conditions agreement is between Us (the company Special Educational Systems) and the Users. No other person is entitled to benefit from this agreement.

If any court or regulator decides that any provision of these Terms & Conditions is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Terms & Conditions and the remainder terms and conditions shall continue to have full force and effect.

If the Conditions are inconsistent with the conditions noted on your registration with topmentaltraining.com (if applicable), the Conditions will prevail, unless otherwise specified on additional documents supplied by the Customer Care of the company Special Educational Systems.

1. Definitions

Wherever found in the Conditions, „You“, „Your“ and „User“, it refers to the user of website, products and/or services of topmentaltraining.com and this is how these words and related words shall be interpreted. Also words „We“, „Our“, and topmentaltraining.com refer to the company Special Educational Systems and should be interpreted accordingly. The expression „User Information“ refers to the personal details that can be collected by Us on the website topmentaltraining.com and/or at the time of registration and/or acquisition to/of any services or products of topmentaltraining.com. The expression „Our websites“ refers to the websites topmentaltraining.com and all websites that are associated to it.  The „Third Party“ refers to any person/subject/company which are not associated to the company Special Educational Systems.

2. Services Available

2.1 Paid services

The Purchased Services shall be made available to You pursuant to this agreement and the relevant Order Forms. You agree that Your purchased hereunder are not contingent on the delivery of any future functionality of features and that they are not dependent on any oral or written public comments which We made regarding future  functionality or features.

3. Paid Services

If not stated otherwise, all are in U.S. Dollars. You are fully responsible for the payments of all price and applicable taxes that are associated with our Sites and Services and the method of valid payment.

4. Contract

Binding contract is made between You and topmentaltraining.com at the moment of Your order. It is taken as confirmed once the payment is finished. „Successfully completed payment“ is defined in a way that the sole amount is paid.

5. Payments, Fees and Compensations

5.1 Payment

It is possible to pay for the services by PayPal or Your credit card via the PayPal services.

5.2 Currency

If it is not stated differently, all fees are quoted in US Dollars. User is responsible for the payment of all the fees and related taxes that are associated with our website and services using a valid method of payment.

5.3 Taxes and Fees

If not stated differently, taxes, duties, levies or simile governmental assessments of any kind, including but not limited to VAT, use or withholding taxes, sales, assessable by any local, provincial, state, federal or foreign jurisdiction (those are collectively called „Taxes“) have not been included in our fees. The user is responsible for paying all of these Taxes which are associated with their purchase hereunder. In case we are obliged to pay or collect Taxes for which user is responsible under this paragraph, the corresponding amount will be paid and invoiced to You, if you do not provide us with a valid tax exemption certificate which has been authorized by appropriate taxing authority. To clarify, we are completely responsible for the taxes which are assessable against it or based on our income, employees, or property.

5.4 Date of Payment und date of Activation

Date of payment is given based on confirmation of successful receipt of appropriate amount from the payment method provider. In case of payment by credit card or using PayPal, the authorization is done by PayPal.

5.5 PayPal

PayPal is a third-party service, which topmentaltraining.com uses for payment authorization. When being authorized, the delay can occur, which can happen due to overload of the PayPal service. We are not responsible at all for the functionality and accuracy of the PayPal service.

6. Service Usage

Paragraphs 6.1-6.5 define acceptable usage of topmentaltraining.com services. The activities which are against those or are forbidden in any other way, are in violation of the Conditions and therefore subject to limitation of service provided. More information can be found here.

6.1 Content

As a User of topmentaltraining.com you are bound not to send or distribute any materials provided by topmentaltraining.com website.

6.2 Ownership of the Content

topmentaltraining.com is owner of the all provided content.

6.3 Interference

You will not take any acts or behave in a way that could affect functionality or security of the website topmentaltraining.com and you will neither cause unreasonable uncomfort of the staff of the company Special Educational Systems.

6.4 Identity

The User will neither impersonate any entity or person, nor misrepresent their relation to another person on entity.

6.5 Workarounds

User will not use workaround of any kind to overcome limitations of service package or the workaround of limitations of any topmentaltraining.com service or function.

7. Intellectual Property

All copyright work, materials, trademarks and other parts of the website topmentaltraining.com or parts supplied together with topmentaltraining.com website that are protected by copyright, remain, under any circumstance, ownership of topmentaltraining.com or its providers. You are not entitled to use such protected content or material without having explicit authorization of topmentaltraining.com or particular provider. The authorization relates only for the use described in Conditions and no other. You are neither not allowed to copy, reproduce, distribute, commercially use or benefit in any form from such materials or content, not can You assist at or enable activities listed above to the third party.

In case you become aware of the fact that the Conditions are being violated in any way, you agree to notify Us immediately.

8. Privacy

8.1 Legislation

We will follow all the regulations regarding privacy policy and data protection valid in the particular country concerning all Your personal information that we gather.

8.2 Data Processing

On different pages of topmentaltraining.com You may be asked to enter personal information about Yourself. We do not use such information in other ways than in the way defined on the place where we make such request. All data collected is processed in the way and with the limitations stated in the Conditions.

8.3 Personal Data Withdrawal

You can ask for a withdrawal of Your personally identifiable data from our marketing database. If you want to do so, You (the owner of the product) have to make a request in the written form (from the e-mail address used at the registration of Your product) through the Contact page on Our website.

8.4 Change in the Personal Data

We strongly recommend the update of all personal data as it is used in the services related to Customer Care.

8.5 Registration

To be able to use Our services and products, You need to have a valid registration of topmentaltraining.com. This entitles You to run the products on the topmentaltraining.com system. You have to enter valid e-mail address, a password and other personal data when registering.

You are fully and exclusively responsible for keeping Your password confidential as well as for the fact that no one else gets the access to Your account. All activities that have origin on Your account and/or authorized by Your password are on Your responsibility. Therefore we strongly recommend to keep the password and account information strictly confidential and not to share them with anybody. In case Your password and/or account is used in an unauthorized way, notify topmentaltraining.com immediately in the written form from the e-mail address You used at the registration of Your product. To avoid the misuse of Your account, please make sure that You sign out each time You finish the session of Your product.

9. Violation of Conditions

In case of failure to comply with the Terms and Conditions stated in Article 7 and/or participation on activities breaking these Conditions, You are liable to legal prosecution or direct disciplinary action. The decision to start disciplinary action (including but not limited to interruption of providing all services) is fully under consideration of topmentaltraining.com and can be executed with no need to state the reason.

Please report any offence against the Conditions or laws valid in Your country immediately. In case You want to inform Us about any such activities, please inform us by e-mail: info@topmentaltraining.com

10. Interruption/Termination of Services Provided

We reserve the right to instantly terminate or suspend providing Our services temporarily to Our customers who violated (or who are reasonably suspect that they have violated) our Conditions. We can also terminate providing Our services in case we notice You behave in inappropriate way, which is solely based on Our consideration with no need to state the reason.

11. Disclaimer

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OUR USERS OR THE THIRD PARTY, DAMAGE TO THEIR HARDWARE CAUSED DIRECTLY, INDIRECTLY, OR ACCIDENTALLY AS A RESULT OF THE USE OF OUR PRODUCTS AND/OR SERVECES, OR THROUGHT MATERIAL DOWNLOADED. WE ARE NOT RESPONSIBLE FOR THE DAMAGE CAUSED TO USERS OR THE THIRD PARTIES AS A RESULT OF INABILITY TO USE OUR PRODUCTS AND/OR SERVICES AND/OR WEBSITES, NOR FOR DIRECT OR INDIRECT CONNECTION WITH SUCH SITUATION. YOUR USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN RISK AND UPON YOUR DECISION, AND YOU, ONLY YOU, ARE SOLELY RESPONSIBLE FOR ANY HARM CAUSED TO YOUR PC OR ANY DEVICE, OR FOR ANY DATA LOSS CAUSED BY DOWNLOADING ANY MATERIALS.

YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF PRODUCTS, SERVICES AND WEBSITE OF TOPMENTALTRAINING.COM IS DONE UPON YOUR FULL RESPONSIBILITY AND THAT THE WEBSITE TOPMENTALTRAINING.COM IS PROVIDED “AS IT IS” AND “IS AVAILABLE WHEN IT IS AVAILABLE”. FURTHEMORE YOU AGREE AND TAKE INTO ACCOUNT THAT WE ARE NOT RESPONSIBLE FOR AVAILABILITY AND/OR FUNCIONALITY OF ANY PARTS PROVIDED BY THE THIRD PARTY AND WHICH ARE ACCESSIBLE THROUGH THE TOPMENTALTRAINING.COM WEBSITE.

11.1 Third Parties

We are neither responsible for nor do We endorse any content, advertising, services or products available through the websites of the third parties. All transactions made between You and the third party made available through the topmentaltraining.com website, including payments and service deliveries and any other conditions, warranties or links associated with these third parties, are between You and the particular entity. Therefore the company Special Educational Systems is in any case not responsible for any damage/loss that could occur.

11.2 Warranty Exclusion

topmentaltraining.com, its subsidiaries and its licence providers DO NOT WARRANT that:

• The services that You will use match your requirements
• Your use of products and services will not be interrupted, will be timely, secure or free from viruses or errors
• Information obtained when using Our products or services will be accurate and reliable
• Operational or functional defects of any software will be fixed

No advice or information, no matter if oral or written, that you obtain from topmentaltraining.com will not create any responsibility or obligation which is not expressly stated in these Conditions.

Furthermore, topmentaltraining.com expressly disclaims any warranties and conditions, whether implied, or expressed, including, but not limited to expected warranties and conditions of marketability and/or suitability for a particular purpose.

12. Limitation of Liability

Apart from the general  arrangements in the Disclaimer above (paragraph 11), you expressly AGREE WITH THE FACT, THAT TOPMENTALTRAINING.COM, ITS SUBSIDIARIES AND PROVIDERS HAVE NO LIABILITY TO YOU FOR THE CASES STATED IN PARAGRAPHS 12.1 TO 12.2

12.1 General

Any direct, indirect, incidental, specific, consequential or exemplary damage that can be caused by Your action, with no regard to their origin or to hypothesis or their origin. This includes, but is not limited to, any possible loss of profit (no matter if it occurred directly or indirectly), any loss of trust or business reputation, data loss, costs or obtaining substitutional goods or services or other intangible loss.

Any damage or loss that can be incurred to You, including, but not limited to those as a result of:

• any reliance on completeness, accuracy or existence of information of any kind that is displayed on the website;
• any allowed change made by com as a part of their service, or any permanent or temporary cancellation in providing particular services or offers (as well as any functions connected with these services);
• Disruption, deletion or failure to store any content or other communication transferred or maintained through Your use of the services;
• Not providing relevant and accurate information from User;
• Password loss or the loss of access to Your account caused by You, or making access to Your account or to password available to the third party

12.2 Jurisdiction

The limitations to liability of topmentaltraining.com You stated in paragraph 12.1 are valid both whether the company Special Educational Systems has or has not been notified of possible loss or whether it could or should have been aware of them. Legal limitations lawful in Your jurisdiction do also apply to You.

13. Jurisdiction

“Any claims and/or disputes shall be settled by competent Czech courts”.

Last modified on Sep. 12^th, 2016