TERMS AND CONDITIONS
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity and MONSTER
COMPUTER TECHNOLOGY UK LTD , doing business as Tulpar Notebook concerning
your access to and use of the http://www.tulparnotebook.co.uk website as well as any other media form,
media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site” or “The Web Site”). We are
registered in United Kingdom and have our registered office at 17 Savile Row,
London, England, W1S 3PN. Our VAT number is 398 5921 32 . You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms and Conditions. Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms and Conditions from time to time. We
will alert you about any changes by updating the “Last updated” date of these
Terms and Conditions, and you waive any right to receive specific notice of
each such change. Please ensure that you check the applicable Terms every time
you use our Site so that you understand which Terms apply. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms and Conditions by your continued use of the Site
after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18), and who are not barred from using the Web Site under applicable laws.
2. DEFINITIONS
Throughout the present Terms and
Conditions we shall use certain recurring terms which shall bear the meaning
indicated in the table below:
Products |
T Series T7 V20.5, Pusat Type-C
to Display Port Cable, Pusat Business Pro Wireless Mouse, Pusat XL Gaming
Mousepad, Pusat Gaming Mousepad, Pusat USB C to USB C 100W Cable, Pusat Gaming
Headset Lite, Pusat Notebook Cooler, Pusat V11 Gaming Mouse, Pusat One Shot
Pro Wireless Gaming Mouse, Pusat V5 Gaming Mouse |
User |
Any person who accesses the
Website. |
Registered User |
Any natural person aged 18
years old or older who registers an Account on the Website with the future purpose
of placing Orders. |
Guest |
Any natural person aged 18
years old or older who visits the Website with the future purpose of placing
Orders. |
Customer |
Any natural person aged 18
years old or older who places an Order on the Website and, subject to the
acceptance of such order by Tulpar Notebook, becomes part of the distance sales
agreement having as object the sale and purchase of Tulpar Notebook products. |
Order |
Material manifestation of the
will to purchase Tulpar Notebook products under the present Terms and Conditions by
using the electronic means available on the Website. |
Account |
Private Section of the Website
that has attached an e-mail address and password and is used by the
Registered User for ordering purposes. It contains various information about
the Registered User and its activity on the Website, either submitted by the
Registered User itself, either automatically registered by the Website |
Newsletter |
Commercial and advertising
communication transmitted in exclusively in electronic format and on a
current basis to the Registered User, subject to the Registered User consent in
this sense, without representing an offer from Tulpar Notebook. |
Content |
Any graphics, drawings, prints,
photographs, images, sounds, music, video, audio, text, logos, button
symbols, database, design, software and any other elements which can be
visualized or accessed on the Website. |
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
4. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
6. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive,
or hate language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either: (1) providing your Third-Party Account
login information through the Site; or (2) allowing us to access your
Third-Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent and warrant
that you are entitled to disclose your Third-Party Account login information to
us and/or grant us access to your Third-Party without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network
Content”) so that it is available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending on
the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third- Party Accounts may be available on and through
your account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third Party
Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the
ability to disable the connection between your account on the Site and your
Third-Party Accounts at any time. Please note that your relationship with the
third-party service providers associated with your third-party accounts is
governed solely by your agreement(s) with such third-party service providers. We
make no effort to review any Social Network Content for any purpose, including
but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
9. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar advertisements or
banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights. We simply
provide the space to place such advertisements, and we have no other relationship
with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these Terms and Conditions; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Terms and
Conditions, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are excessive in
size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
11. PRIVACY NOTICE
We care about data privacy and security. Please review our Privacy Notice:
http://www.tulparnotebook.co.uk/privacy-policy . By using the Site,
you agree to be bound by our Privacy Notice, which is incorporated into these Terms
and Conditions. Please be advised the Site is hosted in United Kingdom. If you
access the Site from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws, then through your continued use of the Site, you are
transferring your data to United Kingdom and you agree to have your data transferred
to and processed in United Kingdom.
12. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These conditions are governed by and interpreted following the laws of United
Kingdom, and the use of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. If your habitual residence
is in the United Kingdom, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law of your country
of residence. Tulpar Notebook and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of United Kingdom, which means that
you may make a claim to defend your consumer protection rights in regard to
these Terms and Conditions in United Kingdom, or in any other country in which
you reside.
15. DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the applicable law without
regard to its conflicts of laws provisions. If you are a consumer not based in
the United Kingdom, you may make a claim in the courts of the country where you
reside. Any claim under these Terms and Conditions must be brought within one
(1) year after the cause of action arises, or such claim or cause of action is
barred. Claims made under the separate terms and conditions of purchase for
goods and services are not subject to this limitation.
16. CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
17. DISCLAIMER
You agree that your use of the site and our services will be at your
sole risk. To the fullest extent permitted by law, we disclaim all warranties,
express or implied, in connection with the site and your use thereof,
including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. We make no warranties
or representations about the accuracy or completeness of the site’s content or
the content of any websites linked to the site and we will assume no liability
or responsibility for any (1) errors, mistakes, or inaccuracies of content and
materials, (2) personal injury or property damage, of any nature whatsoever, resulting
from your access to and use of the site, (3) any unauthorized access to or use
of our secure servers and/or any and all personal information and/or financial
information stored therein, (4) any interruption or cessation of transmission
to or from the site, (5) any bugs, viruses, trojan horses, or the like which
may be transmitted to or through the site by any third party, and/or (6) any
errors or omissions in any content and materials or for any loss or damage of
any kind incurred as a result of the use of any content posted, transmitted, or
otherwise made available via the site. We do not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered by a
third party through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising and we will not be a
party to or in any way be responsible for monitoring any transaction between
you and any third-party providers of products or services. As with the purchase
of a product or service through any medium or in any environment, you should
use your best judgment and exercise caution where appropriate.
18. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
19. USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing. You hereby
agree to the use of electronic signatures, contracts, orders, and other
records, and to electronic delivery of notices, policies, and records of transactions
initiated or completed by us or via the site. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision. These Terms and Conditions operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Terms and Conditions is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms and Conditions and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Terms and Conditions or use of the Site. You
agree that these Terms and Conditions will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms and Conditions and the lack of
signing by he parties hereto to execute these Terms and Conditions.
22. CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
MONSTER COMPUTER TECHNOLOGY UK LTD
17 Savile Row, London, England, W1S 3PN
+44 2031501020