PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU ACKNOWLEDGE THAT BY USING THE SERVICES OFFERED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US. IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
The General Provisions under Section A shall apply to all Members of the Website and Services. If you use the Website to purchase any Monster Credits (as defined below) you are a “Buyer”. If you use the Website to advertise, promote and sell Monster Credits you are a “Seller”. Section B applies to Buyers and Section C applies to Sellers, each in addition to Section A.
SECTION A: GENERAL PROVISIONS
IMPORTANT NOTICE: As a Buyer You will enter into a contract directly with a Seller for the provision of Monster Credits listed on the Website. Monster Rewards SL is not a party to that contract, and Buyers and Sellers will be separately responsible and liable to one another under the terms of that contract.
1.INFORMATION ABOUT US AND THE WEBSITE
1.1. Who we are. The Website is owned and managed, operated and maintained by Monster Rewards SL, a company registered in Tenerife with company registration number B-76669753, and having its registered address at CC Fañabe Plaza 338, Avda Bruselas, 38660 Costa Adeje, Tenerife, Canary Islands.
1.2. How to contact us. You can contact us by writing to us at Admin@Monster-Rewards.com or the postal address at clause 1.1.
1.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your registration as a Member.
1.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
1.5. The purpose of our Website. The Website is an online peer to peer trading platform for the buying and selling of unwanted and unused credits purchased from Monster Rewards SL, which can be redeemed for discounts on arrange of products across Travel, Home & Electrical, Entertainment, Fashion& Footwear, Food & Drink and Health, Beauty & Jewellery available at www.Monster.Travel and www.Monster-Rewards.com (“Monster Credits”).
2. PRELIMINARY INFORMATION
2.1. Assurances we require from you. You:
2.1.1. are at least 18 years old;
2.1.2. have the capacity to agree to these Terms; and
2.1.3. are not in any way prevented by law in the country which you are currently located to enter into these Terms.
3.1. How to become a Member. Access to the Website and Services is subject to registration through the Website to become a member (“Member”). As a Member, you can create your own profile for the purpose of using the Services and the Website, which is made available to other Members (“Profile”).
3.2. Details on the registration process. By registering your details and becoming a Member you consent to us conducting verification and security procedures in respect of the information provided by you online.
3.3. You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
3.4. Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Profile. Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.
3.5. Keep your login details safe. You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached these Terms.
4. FORMATION OF CONTRACT BETWEEN US
4.1. How your Contract with us is formed. Your contract (“Contract”) with us shall commence at such time as you activate your registration through the link provided in your Verification Email.
4.2. We can reject your registration. Notwithstanding clause 4.1, we can:
4.2.1. accept or reject your application to register for any reason; and
4.2.2. refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions here under.
4.3. How long will your Contract with us continue. Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force for the duration in which you continue to use the Services and until terminated in accordance with these Terms.
4.4. How you can terminate your Contract. As a Member, you may terminate your Contract with us at any time by contacting us at Admin@Monster-Rewards.com or deleting your Profile.
4.5. We can terminate your Contract. We may terminate your Contract at anytime and for any reason by providing seven (7) days notice to you in writing or by e-mail.
4.6. Suspending your access to the Website and terminating your Contract. We may suspend your access to the Services and/or Website and terminate your Contract at any time and without notice to you if:
4.6.1. the third party services and network providers cease to make the third party service or network available to us;
4.6.2. we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
4.6.3. we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part);
4.6.4. we believe that you have provided it with any false, inaccurate or misleading information; or
4.6.5. we believe that you are not acting in a personal capacity.
5. YOUR OBLIGATIONS
5.1. You agree that you are solely responsible and liable for all activities on the Website.
5.2. What happens if someone else uses your login details. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted through the details at clause 1.2 above.
5.3. What you can and can’t post on the Website. You shall not post on the Website through your use of the Services, any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“Member Submissions”),whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
5.3.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.3.2. harass or advocate harassment of another person;
5.3.3. display pornographic or sexually explicit material;
5.3.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
5.3.5. promote any illegal activities;
5.3.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
5.3.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
5.3.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
5.3.9. infringe any rights of any third party.
5.4. You give us a right to use your Member Submission. You hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable and royalty-free licence to use, copy, display, distribute, sub-licence, host, retain for archiving purposes and publish for Monster Rewards SL’s own business purposes and for the purpose of performing our obligations under these Terms.
5.5. What we can do with your Member Submission. You acknowledge that making a Member Submission does not guarantee that such Member Submission, or any part thereof, shall appear on the Website. You agree that we may, on receiving any notice in accordance with clause 5.6, choose to continue to display or remove any Member Submission or any part of the same that you make on the Website.
5.6. Reporting content or posts on the Website. If you feel that any Member Submission made by another Member is objectionable, please contact us using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant Member Submission as soon as is practicable and shall take such action as we deem necessary, if any at all.
5.7. More restrictions regarding your use of the Website. You further agree that at all times, you shall:
5.7.1. not use your Login Details with the intent of impersonating another person;
5.7.2. not allow any other person to use your Login Details;
5.7.3. not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
5.7.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
5.7.5. not use the Website, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;
5.7.6. comply with all instructions and policies from us from time to time in respect of the Services and the Website;
5.7.7. not interfere with any Member transaction conducted through the Website;
5.7.8. co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
5.7.9. use the information made available to you on the Website and through the Services at your own risk.
5.8. What happens if you are in breach of this clause 5. In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 5, we reserve the right to immediately terminate without notice your use of and access to the Services and the Website; in the case of illegal use of the Website, we reserve the right the take legal proceedings against you as appropriate.
6. OUR RIGHTS AND OBLIGATIONS
6.1. What we are providing you. In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services through the Website.
6.2. We can make changes to the Website and the Service. We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website without notice.
6.3. We can restrict your access to the Website and Services. We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs,planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website (wholly or party).
6.4. Our reliance on third party providers could impact the availability of the Website. We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and/or the Website as a result of our service providers.
6.5. Updating these Terms and how this is notified to you. We may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly)shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 4.4.
7. YOUR RELATIONSHIP WITH OTHER MEMBERS
7.1. What the Website should be used for. The Website is designed solely to connect Buyers with Seller and permit Buyers to enquire about and/or purchase Monster Credits.
7.2. We are not a participant to transactions made through the Website. You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between you and other Members.
7.3. You are responsible for your dealings with other Members. Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Members.
7.4. Take care when meeting other Members. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other Member.
7.5. We don’t vet Members or monitor Profiles. You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Members. We make no representations and assume no responsibility for any Members. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Member Profiles. Consequently, all such Member information and content available on the Website is provided to you “as is” and you agree that any use made of such content shall be strictly at Your own risk. We recommend that You do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.
7.6. We don’t guarantee you will sell or buy anything on the Website. We do not guarantee or warrant that You will receive enquiries, responses or otherwise buy or sell Monster Credits as a result of the Website, or achieve any result whatsoever through your use of the Website.
7.7. You are responsible for your communications with other Members. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, other Members.
8. OUR AFFILIATIONS AND LINKING
8.1. Third party links may appear on the Website. The Website provides links to and content from third party websites. Such third party websites are not our responsibility and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.
8.2. Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
9. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
9.1. Don’t rely on Member Submissions. We do not verify and do not have any control in respect of any Member Submission. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Member Submission or any other information made available to you through your use of the Website and/or Services. If you so intend to use and/or rely upon any Member Submission or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
9.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen.
9.3. We are not responsible for any loss or damage that is not foreseeable.
9.4. We only supply the Website and Services for your domestic and private use. You agree not to use the Website or the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5. Subject to clause 9.6, our maximum aggregate liability to You under or in connection with this Agreement will be limited to the higher of: (i) 200% of the total Commission received from you; and (ii) five hundred pounds sterling (£500).
9.6. We do not exclude or limit in any way our liability for:
9.6.1. death or personal injury caused by our negligence or the negligence of Our employees, agents or subcontractors;
9.6.2. fraud or fraudulent misrepresentation; or
9.6.3. breach of the terms implied by the Consumer Rights Act 2015.
10.1. We don’t endorse any advice or recommendations from Members. You acknowledge and agree that where the Website includes views, opinions, advice or recommendations from Members, such views, opinions, advice and recommendations are not endorsed by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
10.2. Any reliance on Member Submissions is at your own risk. All information published on the Website and/or made available through the Services including without limitation the Member Submission, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Website and/or through your use of the Service shall be at your own risk and we shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and /or Member Submission.
10.3. Commentary and other materials posted on the Website by us is for information purposes only and should not be taken as advice on taking any specific course of action. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Member to the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website) shall remain solely with you.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. Our rights to the Website and Services. We and our licensors own all the intellectual property rights relating to the Website.
11.2. You are expressly prohibited from:
11.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and
11.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to is.
13. DISPUTES AND COMPLAINTS
13.1. We are not responsible for your dispute with other Members. In the event that you have a dispute with another Member, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
13.2. What to do if you want to complain about a Member. If you have any complaints in relation to another Member, we would advise in the first instance to discuss this with that Member. In the event that such discussions do not result in a resolution to the complaint, you may contact using the details at clause 1.2 above. We will use our reasonable endeavours to respond to any such complaints within a reasonable time, and take reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaints.
13.3. If you think a Member is in breach of these Terms. If you have reason to believe that any of the Terms herein have been breached or you have a complaint to make, please e-mail using the contact details at clause 1.2 above. All notification and communication to us should be sent to the contact details provided herein.
14. EVENTS OUTSIDE OUR REASONABLE CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
14.2. What We mean by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
14.3.1. We will contact You as soon as reasonably possible to notify you; and
14.3.2. Our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH MONSTER REWARDS SL (“WE”, “US” OR “OUR”“MONSTER REWARDS”) PROVIDES YOU (“YOU” OR “YOUR”, “USER”) WITH ANY OF THE SERVICES (“SERVICES”) OFFERED ON ITS WEBSITE WWW.MONSTER-COMMUNITY.COM (“WEBSITE”).
15.7 Only these Terms apply to your contract with us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
SECTION B: BUYERS
This Section B shall apply to you if you are a Buyer. You are a Buyer if you purchase Monster Credits advertised on the Website as a Member.
B1 CONTRACT FOR PURCHASE OF MONSTER CREDITS
In order to purchase Monster Credits listed on the Website, you will need to register with the Website as a Buyer Member, as set out in Section A.
The contract for the sale of any Monster Credits purchased by you is created between you and the relevant Seller and not between you and us. When you purchase Monster Credits from the Website, you are entering into a binding contract to purchase those Monster Credits from the Seller.
We use third party payment handlers to process your payment. By purchasing Monster Credits on the Website, you agree that you have given us permission to do so. Payment of the Price may be by debit or credit card, or such other method specified on the Website from time to time. We will remit your payment of the Price to the Seller as soon as reasonably practicable following receipt.
SECTION C: SELLERS
This Section C shall apply to you if you are a Seller. You are a Seller if you wish to offer for sale your Monster Credits through the Website and we accept your registration as a Seller, as set out below.
C1. SELLER REGISTRATION AND ACCEPTANCE
You must be a Member to apply to become a Seller. By completing the online registration process, you consent to us conducting verification and security procedures in respect of the information provided by you.
After completing the online Seller registration process, you will receive an e-mail from us acknowledging that we have received your request to register as a Seller. Please note that this does not mean that you have been accepted as a Seller. We will notify you promptly by email if you have been accepted as a Seller and will provide you with access to the seller’s area of the Website (“Seller CMS”).
C2. LISTING AND SELLING MONSTER CREDITS
Requirements before you can start selling your Monster Credits. Prior to selling any Monster Credits via the Website, you shall upload onto the Website via the Seller CMS full details of your Monster Credits, which shall include but is not limited to the exact number of Monster Credits available and the total price payable for the Monster Credits you are selling (“Price”),together the “MC Information”. You shall be responsible for the accuracy and completeness of all MC Information, which shall comprise your “Listing”. You shall not offer for sale through the Website anything other than Monster Credits.
Changes we can make to your Listing. All MC Information uploaded onto the Website by you shall be in the format required by us and shall relate strictly and solely to the Monster Credits you wish to advertise. We reserve the right to edit and/or remove any MC Information where we reasonably believe that the MC Information is inaccurate or incomplete and/or does not meet with its formatting requirements.
You must honour any agreement reached with a Buyer. You acknowledge and agree that once you have accepted an offer from a Buyer to purchase a Monster Credits, this will constitute a binding contract between you and the Buyer.
C3. YOUR OTHER OBLIGATIONS AS A SELLER
The Monster Credits subject to your Listing are owned by you. You hereby warrant that you have the right to promote, sell and distribute those Monster Credits included in a Listing.
We may post guidelines on Listings and other selling conditions. You shall comply with all our policies and guidelines, as published on the Website from time to time.
You must not disclose the personal information of another Member. You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Website, nor will you disclose such personal information to any third party without our express written consent. Furthermore you shall not include in the MC Information or any other communication with any Buyers any link to any URL located outside the Website, nor any advertising for any product or service other than your Monster Credits.
C4. PRICE AND PAYMENT
In consideration for the provision of the Website and Services and the rights and licences granted to you here under, you shall pay to us the charges set out in this clause C4.
We set the price of each Monster Credit. The price for each Monster Credit advertised by you through any Listing on the Website must be £0.08p (“Fixed Credit Price”).This Fixed Credit Price is a fixed price for any Monster Credit you wish to sell through the Website and cannot be changed without our specific consent in writing.
What you will receive following a sale of Monster Credits. All payments of the Price from Buyers made through the Website shall be made directly to us and you hereby confirm that we may act as your agent for the purposes of collecting the Price on your behalf. Within thirty (30) days of receipt of such payment of the Price in full, we will remit to you via our payment processor (“Payment Processor”) the Price received from the Buyers in respect of the purchase of your Monster Credits less:
(a) any fees charged by the Payment Processor; and
(b) our commission at the rate of £0.02p per Monster Credit (“Commission”).
C5. SUSPENSION AND TERMINATION
Our additional right to suspend or terminate your Contract. In addition to our rights clause 4 of Section A, we may suspend or terminate your access and use of the Website and/or your Contract in the event that we have not received Commission due from you by the application due date (save where caused by the Payment Processor).
In the event you cease to become a Seller for any reason:
(a) you shall fulfil all orders placed with you by Buyers for any Monster Credits through the Website on or before the date of termination
(b) you shall cease all use of the Website on or before the date of termination; and
(c) all rights granted to you here under shall cease on the date of termination