Effective Date: October 1, 2019. Last Modified: October 1, 2019.
An up-to-date version is available online at: https://www.tunezpass.com/terms.php
1. Preliminary Provisions
The Terms and Conditions (hereinafter abbreviated and referred to as "T&C’s" or "Agreement") shall govern your use of any and all products purchased via our website, the website Tunezpass.com itself, all of its subdomains and directories.
We are hereby placing legal conditions on your use of our website and any and all products purchased via it (Tunezpass.com, hereinafter the "Service"), and making certain promises to you.
By using or accessing our Website and ordering products from it, you hereby agree to be fully bound by all of the following terms.
2. Definitions
"We" are Desea s.r.o., a company formed in Slovakia. We are the services provider of Tunezpass.com. When these T&C’s use first-person pronouns such as "us", "we", "our", "ours" etc., those first-person pronouns are referring to Desea s.r.o. ID: 51290294
"You" are the Customer. As the user of any of our Online Services or Purchaser of any digital goods sold by us, this Agreement will refer to the Customer as "You" or through any second-person pronouns, such as "Yours" etc. Hereinafter, the Customer, User of the Service and Buyer of our Products shall be referred to in applicable second-person pronouns.
When the term "Website" is used in this Agreement, it shall mean Tunezpass.com, unless explicitly and specifically stated otherwise.
When the terms "Subscriptions" or "Digital goods" are used in this set of T&C's, they means any service provided via Tunezpass.com, unless explicitly specified otherwise by the Agreement.
3. Consideration
Consideration for Your acquiescence to all of the provisions in this set of T&C’s has been provided to You in the form using Our Website, Our Services or purchasing Our Digital products. You agree that such Consideration is both adequate and is received upon Your using any portion of the "Subscriptions" or "Digital goods", including but not limited to viewing or downloading any portion of Our Website, purchasing or requesting a trial of any of Our Services.
The first and foremost condition is that You agree to all of the conditions in this set of T&C’s. If You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use our Service, purchase Our Digital products or enroll in a trial. We encourage you to look for alternative Digital Goods or Services.
You may not unilaterally disregard any portion of this Agreement. If there is a particular portion of this set of T&C’s that You would like to avoid being bound by, You may contact Us to negotiate a separate agreement before You use the Service. We cannot guarantee that such negotiations will be successful.
If you do not fully comprehend all terms of this Agreement, please consult with a lawyer before using Our Service.
This agreement is in the English language and all future updates will be in English. We may market to you in advertising materials in different languages, but regardless of where you are accessing our website from or where you have placed your order to, our communication with you will be exclusively in the English language.
4. Revisions
We reserve the right to revise this Agreement from time to time and You explicitly agree that We have this unilateral right. You agree that all changes, modifications or additions to these T&C’s are effective immediately upon posting. The updated or edited version of this Agreement shall supersede any and all prior versions immediately upon posting. All prior versions are of no continuing legal effect.
When We change anything in this set of T&C’s We also update the the "Last Modified" date on our website. At all times You can access the most up-to-date version of this Agreement using a browser. You agree to revisit this URL on a monthly basis, and to use the "Refresh" button on Your browser when doing so. You agree to note the date of the last revision upon each visit. If the "Last Modified" date is unchanged from the last time You reviewed this set of T&C’s then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last Modified" date has changed, however, then You agree that You will read the Agreement in its entirety, note the changed terms, and agree to either be bound by these the new terms or immediately cease all use of our Services.
Waiver. If You fail to review this Agreement on a monthly basis to determine if any of the terms have changed, You then assume full responsibility for such omissions. You furthermore agree that such failure amounts to Your affirmative waiver of Your right to re-review the amended terms. We are not responsible for Your neglect of Your legal rights.
5. Account Registration and Management
Before you can use our Services from us, you must register for an account by providing us with your full name, telephone number and shipping address. If you do not specifically provide a password upon registration, we may generate a password for you. You are solely responsible for maintaining the security and confidentiality of your login credentials.
You are fully responsible for all activities that occur under Your account when logged in with your username and password. You agree to immediately notify Us of any unauthorized use of Your account or any other security breach. You also agree that you will always logout of Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
6. Refunds and Credits
Your membership can be cancelled at any time by simply logging into your account or contacting our customer satisfaction center. If you are not completely satisfied with your purchase please contact our Customer Support center for further assistance.
7. Billing Terms
We are pleased to accept the following payment methods: credit and debit cards by Visa, Visa Electron, MasterCard, Cirrus, Maestro and American Express, as well as direct debit payments in select European countries. We and our acquirers reserve the right to decline your transaction.
Depending on your location, you will be billed in U.S. dollars (USD), Canadian dollars (CAD), Euros (EUR), Australian dollars (AUD), New Zealand dollars (NZD) or British pounds (GBP). We may decide to charge you in whichever currency we deem appropriate, independent of your physical location or billing address. The relevant currency for each charge is always displayed at the checkout page.
We are not responsible for any overdraft fees, exchange rates and fees, currency fluctuations, international or any other fees or financial penalties that may be levied by your card issuer and posted to your statement or account. You agree to bear all such associated costs and understand that we are not in the capacity to refund or reverse them.
From time to time, we may offer customers to enroll in our TUNEZPASS.COM membership program, whereby they will gain access to our entire digital database and can use some of our digital products without bearing their full cost, but rather by paying a monthly membership fee for access to our complete digital pack. You choose to enroll in such a promotion, You agree that You will pay Us a nominal enrollment fee.
By enrolling in this membership, you will pay only a $1.95 TUNEZPASS.COM membership fee upon account creation and will then have 3 days , depending on the promotion You enrolled in to try our service and the variety of our digital products (music, audiobooks, games etc.) If you choose to remain a member, you will be charged the full cost of $ 59.63
Typically, the trial lasts 3 days , depending on the promotion You enrolled in our digital membership. In case you are not completely satisfied with our service during the trial period, You agree to notify us via email or telephone that You wish to cancel your membership. We reserve the right to recharge a declined membership fee at the original value at a different time or a lower amount if the charge fails to process on the first attempt.
Furthermore, in the event that you have chosen to enroll in one of our AutoRenew Subscription, you will be enrolled at our continuation and recharge rates.
8. AutoRenew Subscription
For your convenience and peace of mind, we have designed the popular AutoRenew Subscription, under which we will automatically bill you $59.63 for each upcoming month of being a member upon the expiration of your first month membership, typically every 30 calendar days starting from the end of your trial period, if you have agreed to continue your enrollment.
Your AutoRenew Subscription profile can be cancelled at any time by logging into your account profile or contacting our customer satisfaction center.
We reserve the right to recharge a declined membership fee at the original purchase value at a different time or a lower amount if the AutoRenew Subscription charge fails to process on the first attempt.
If you wish to discontinue your enrollment in AutoRenew Subscription, please click here
9. VIP Circle
From time to time, we may offer our customers a special members-only additional cross-pack on a reduced rate, which includes access to two of our limited collections of selected movies, books, games or music. By paying a nominal monthly fee, you can become a part of our VIP circle and enjoy a one time experience. VIP Circle Star membership – $16.49/VIP Circle Flash membership – $7.49. Your membership can be cancelled at any time and no further charges will apply.
10. Limitation of Liability
Disclaimer of Warranties. You expressly agree that all of our Services and Digital goods are provided on an "as is" basis and that their use is solely at Your own risk. No warranty, representation, condition, undertaking or term — express or implied, statutory or otherwise — including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the Service and Digital goods is given or assumed by us. All such warranties, representations, conditions, undertakings and terms are hereby excluded. We make no warranty that the Services and Digital goods provided will meet Your expectations or requirements.
In no event shall We be liable to any party for any damages including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising — in any way, shape or form — out of the availability, use, reliance on, inability to utilize or improper use of the Services and Digital goods even if We shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, or otherwise.
In no event shall We be liable to You for any delays, inaccuracies, errors or omissions with respect to the Services or the transmission or delivery of all or any information thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages.
11. Indemnification
You agree to indemnify and hold Us and Our subsidiaries, officers, agents, employees, consultants, advisers, partners, affiliates, publishers, advertisers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of Your use of the Services or Digital goods , Your violation of any terms or conditions of this Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.
12. Legal Disclaimers
You accept that you will not have any recourse against us in any cases where things don’t work out right. The Services and their content are provided on an “as is” and “as available” basis. We and our agents make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, use for a particular purpose, title, and non-infringement. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will TUNEZPASS.COM or its agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not affiliated in any way with any third party brands that may be represented on Our website for illustrative purposes. They are all registered trademarks of their respective owners.
13. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
14. Communication
You can contact us 24/7 by calling our customer support telephone number, writing us an email or using the contact form on this website.
We may contact you via email or telephone. From time to time, We may have the obligation to send You important updates regarding your membership status, notifications prior to the expiration of trial periods, introductory or promotional activities that You may have enrolled in, et cetera. These notifications can be found once you have logged in your account profile. We will send You a reminder for every new message to the email address you have provided upon enrolment, unless You have unsubscribed. You assume responsibility to regularly check your email for new messages, including spam and junk folders.
15. Complete Agreement
This Agreement, including any documents that are incorporated by reference, constitutes the entire Agreement between the parties with respect to Your use of the Services and Digital Goods. This Agreement supersedes and replaces any and all prior understandings or agreements, written or oral, regarding such subject matter.
16. Governing Law
This Agreement and all disputes or issues arising from it shall be governed exclusively by the laws of Slovakia, without regard to conflict or conflict of law principles.
17. Surviving Sections
All provisions of this Agreement that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnity, governing law, and the general provisions.
18. Headings
The section titles in this Agreement and the order in which they appear are for convenience only and have no legal or contractual effect.
If you have any questions or comments with regards to this set of T&C’s, please contact us by email at support@tunezpass.com, or call us at +1-646-693-0857 (U.S. and Canada) or +44-20-3150-0446 (U.K. and EU)..
