Last Updated: November 25, 2024 **Please read these Terms and Conditions (“Terms”) carefully before using the MonstaManagement Service (the “Service”) operated by MonstaManagement Pty Ltd (“we”, “our”, “us”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not access or use the Service.
1. Acceptance of Terms
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users, including visitors, registered users, and any others who access or use the Service.
By using the Service, you represent that you are at least 18 years of age and capable of entering into binding contracts. If you are under 18, you confirm that you have obtained consent from a parent or guardian, who agrees to be bound by these Terms on your behalf.
2. User Responsibilities and Content
2.1 User-Generated Content
The Service allows users to post, store, share, and otherwise make available certain content (“Content”). You are responsible for all Content you upload to the Service, including its legality, reliability, and appropriateness.
By posting Content, you grant us a non-exclusive, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, modify, publicly display, reproduce, distribute, and otherwise exploit such Content solely for the operation, marketing, and improvement of the Service. You retain ownership of your Content but are responsible for safeguarding those rights.
2.2 Content Restrictions
You warrant that:
- The Content is owned by you, or you have the necessary rights to use and share it.
- The Content does not violate any intellectual property, privacy, or other rights of any third parties.
- The Content will not breach any law, regulation, or legal obligation.
- The Content will not contain harmful components such as viruses or malicious code, nor will it disrupt or damage the Service’s functionality.
- The Content will not be defamatory, obscene, offensive, or illegal in any way.
We reserve the right to remove or modify any Content at our sole discretion without prior notice, particularly if it violates these Terms or our policies.
3. Account Registration and Security
To access certain features of the Service, you must create an account. When registering, you agree to provide accurate, current, and complete information. Failure to do so may result in the termination of your account.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized use of your account.
4. Pricing and Fees
4.1 Service Fee
MonstaManagement charges a flat administration fee of £1.20 + VAT per order made through websites using the MonstaManagement plugin. This fee may be updated at our discretion and will be reflected in these Terms.
4.2 Payment and Subscription
Subscription payments for the Service must be made in advance. All fees are non-refundable unless otherwise specified. You are responsible for paying all applicable taxes and other charges associated with the Service.
5. Intellectual Property Rights
5.1 Ownership of the Service
The Service, including its software, design, features, and functionality, is owned by MonstaManagement Pty Ltd and is protected by copyright, trademark, and other intellectual property laws. You do not acquire any ownership rights in the Service by using it.
5.2 License to Use the Service
We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. This license is revocable at any time, with or without cause. You may not reverse engineer, decompile, or modify the Service or any of its components. You may not use the Service for any unlawful purpose or to infringe upon the intellectual property rights of others.
6. Third-Party Links
The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party websites. By accessing such websites, you do so at your own risk.
We do not endorse or take responsibility for the products, services, or content offered by third parties.
7. Suspension and Termination of Account
7.1 Suspension of Operations
MonstaManagement reserves the right to suspend all or any part of its operations, including the availability of the Service, at any time and for any reason, with prior notice to users. Such suspension will not affect any obligations or liabilities incurred by users prior to the suspension.
7.2 Suspension or Termination of Account
We may suspend or terminate your account at our sole discretion if you are found to:
- Violate these Terms or any applicable laws.
- Engage in any actions that disrupt the Service, harm other users, or the reputation of MonstaManagement.
- Act in a rude, obscene, offensive, or otherwise inappropriate manner, including but not limited to abusive language or behavior.
In the event of suspension or termination, all rights granted to you under these Terms will cease immediately. You will not be entitled to any refund or compensation if your account is terminated due to a breach of these Terms.
8. Indemnification
You agree to indemnify and hold harmless MonstaManagement Pty Ltd, its directors, officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the Service, your violation of these Terms, or any infringement of intellectual property or other rights.
9. Limitation of Liability
MonstaManagement Pty Ltd will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including loss of profits, data, or business opportunities. Our total liability to you is limited to the amount you have paid for the Service in the six (6) months preceding the claim.
10. Disclaimer of Warranties
The Service is provided “as-is” and “as-available,” with no warranties of any kind, either express or implied. We do not guarantee that the Service will meet your expectations or operate without interruption or error. We disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
11. Exclusions and Limitations
Some jurisdictions may not allow the exclusion of certain warranties or limitations of liability, in which case, some of the above limitations may not apply to you.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes arising from these Terms or the use of the Service will be subject to the exclusive jurisdiction of the courts in Western Australia.
13. Modifications to Terms
We reserve the right to modify or update these Terms at any time. Significant changes will be communicated via email or through a notice on the Service. Continued use of the Service following such changes constitutes your acceptance of the revised Terms.
14. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at [email protected]