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(Updated 3rd August 2019 )
read through these terms and conditions carefully before using this website.
print a copy for future reference.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 When you use certain Monster services, please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2. Order process
2.1 Please see the Home delivery information and How to use this website section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Monster.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact us.
3.1 This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. We cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All goods must be signed for by an adult aged 18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the Home delivery information section and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Monster shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at www.paypal.co.uk. ( www.mecs.io is not responsible for the content of external websites)
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) For products reserved online for store pick up or any other reservation service the price you pay is the price in store on the day of collection.
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4 Payment can be made by any method specified in How to use this website. For information about secure online ordering see Security.
4.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in £s sterling and exclude VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Home delivery information for further details including Express delivery charges).
5. FILE SERVICE MAIN AGENTS / AGENTS AND SUB DEALERS
5.1 All Monster tuning sub dealers must buy products directly from their main agent. This includes tuning equipment and files.
5.2a All logging technical faults/support requests will be done through the ticketing system by the main agent or the sub dealer, it’s the main agents responsibility to provide support in the first instance until the cause of fault is identified.
5.2b additional communication between Main Agent and sub dealer’s must be sent by email to a dedicated email address of firstname.lastname@example.org
5.3 You will Not supply Tuning tools from any other provider to sub dealers on or off the monster tuning network.
5.4 we do not release slave tools from the monster tuning dealer network unless release fee is paid then release is 7 days from cleared payment.
5.5 if no file purchases are made within 75 days we reserve the right to remove you from the dealer map.
5.6 Software activation is not covered in returns and refunds as it is a contract with a 3rd party
5.7 credits used are chargeable at single rate when refund is issued (£75 plus vat)
5.8 slave unlock/release to different master is charged at £500 ex vat per unit. We do not release slave tuning tools from the Monster dealer network unless yearly tool subscriptions are active and valid and release fee is paid, then release will be arranged within 7 working days from cleared payment. Tools that have expired for more than 36 months only require the release fee to be paid and are exempt from needing active subscriptions to allow release. (follow link to release a single slave http://mecs.io/product_detail.php?prodID=211 )
5.9 if you have no credits on the file system and no use for 90 days we reserve the right to close your account .
5.9a File system credits are non refundable and non transferable item .
5.9b Main Agents Must buy credits in dealer packs , not end user packs (above 150 units) minimum Purchase to maintain main agent status.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Monster will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Monster will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Monster accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Monster will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Monster' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 Monster shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Monster.
8.6 Monster reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Monster (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Monster shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Monster to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Monster.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Monster relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Monster for your use of this website.
9. Rules of conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You will not subcontract work Advertised as Monster to any non Monster Agent.
If you sell or Advertise other Remapping or (plug in) Tuning Devices not from Monster Tuning , you may be Removed From Dealer Listings without Notice .
Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Monster of that intent. Otherwise Monster shall have the right to automatically flag such Accounts as fraudulent or abusive, and Monster may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. Monster also reserves the right to terminate a Subscriber's Account if it is targeted by malicious activity from other parties.
10 Duration and Termination
10.1 Subject to the conditions the Contract shall run for twelve months from first Purchase and renue automaticly for the same period on further purchases, except as set forth herein, may not be cancelled or terminated by the Client during that period.
10.2 Other than termination of this Contract caused by an event listed under the terms and conditions the Client shall not be entitled to a refund of any Charges incurred by Monster or any other expenditure incurred by the Monster in respect of this Contract.
10.3 Either Monster or the Client shall be entitled forthwith to terminate this Contract by written notice to the other if:
10.3.1. that other party commits any material breach of any of the provisions of this Contract, and in the case of a breach capable of remedy, fails to remedy the same within 28 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; provided, however, that the Client shall be entitled to a pro rata refund for the period during which Contagious is in breach; or
10.3.2. an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party; or
10.3.3. that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; or
10.3.4. that other party goes into liquidation (except for the purposes of amalgamation or reconstruction).
10.4 On termination of this Contract the following shall operate:
10.4.1. Monster shall cease to be required to perform the Services;
No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
12 Entire Agreement
These Conditions, the Proposal and the Schedule of Charges are the complete and exclusive statement of the agreement between the parties relating to the subject matter of these Conditions and supercedes all previous communications, agreements and other arrangements, written or oral.
13 Nature Of Agreement
13.1 Nothing in these Conditions shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the parties.
13.2 Each party acknowledges that in entering into this Contract it does not do so on the basis of and does not rely on any representations warranty or other provision except as expressly provided herein and all conditions warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
13.3 If any provision of these Conditions is held by any court or other competent authority to be void or unenforceable in whole or part this Contract shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
13.4 Save as otherwise provided herein, none of the parties shall have the right to bind the other to any agreement with any third party or to incur any obligation or liability on behalf of the other party.
13.5 Each of the parties hereto shall exercise all such powers as are available to it and do all such acts and things and sign, execute and deliver all such documents and instruments as may be necessary or reasonably required to give full effect to the provisions of these Conditions.
13.6 Each of the parties hereto hereby warrants for the benefit of the other parties hereto that it is empowered and has obtained (and will maintain) all necessary authorisations to enter into this Contract and to enter into all instruments required or contemplated pursuant to the provisions of this Contract and (subject to the provisions of this Contract) lawfully to give effect to each and all of its obligations undertaken or to be undertaken in or pursuant to this Contract or in or pursuant to such instruments as aforesaid.
14. Returns, Cancellations and Substitutions
14.1 We offer a 30-day money back guarantee, please refer to Returns and refunds. Some products are excluded from the Guarantee and are clearly marked by a † next to the product name. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section.
14.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Returns and refunds page for further details)
14.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
15 Proper Law
The contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.
Each of the parties hereby irrevocably consents to the service of any and all process in such action or proceeding by the mailing thereof to the address indicated at the beginning of this Contract; and agrees that a final judgement in any such action or proceeding shall be conclusive and enforceable in any other court of competent jurisdiction.
16 Notices and Service
16.1 Any notice or other information required or authorized by these Conditions to be given by any party to the other may be given by hand or sent (by first class pre-paid post, facsimile transmission or comparable means of communication) to the other party at the address referred to herein or as notified in writing from time to time.
16.2 Any notice or other information given by post which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing the same was so posted; and proof that the envelope containing any such notice or information was properly addressed pre-paid registered and posted and that it has not been so returned to the sender shall be sufficient evidence that such notice or information has been duly given.
Any notice or other information sent by facsimile transmission or comparable means of communication shall be deemed to have been duly sent on the date of posting or transmission provided in the case of transmission that a confirming copy thereof is sent by first class pre-paid post to the other party within 24 hours after transmission.
This Agreement shall commence on the date specified in the contract (“Commencement Date”) and shall continue thereafter for the initial period specified in the Contract, which initial period shall be renewed only if agreed in writing.
The Monster Tuning website is operated by:
Monster Engine Calibration Specialists LTD..
20-22 Wenlock Road
Registered in England with Company Number 11239486
Telephone 0845 226 7626
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the Monster tuning website, please see the Customer services section for more information and full contact details.
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Monster Engine Calibration Specialists Ltd, 20-22 Wenlock Road, London, N1 7GU
Email : email@example.com Phone : 0845 226 7626
Company Number : 11239486 VAT Number: 324769774