TERMS AND SERVİCE

VITALEN AUTO PERFORMANCE INC.’S WEBSITE TERMS OF USE/SERVICE

PLEASE READ THESE WEBSITE TERMS OF USE/SERVICE CAREFULLY BEFORE USING PEDAL COMMANDER’S WEBSITE (HEREINAFTER, THE “WEBSITE”). THESE WEBSITE TERMS OF USE/SERVICE (HEREINAFTER, THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER, “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. TERMS,

By accessing the website at www.pedalcommander.co.uk   you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this website are protected by applicable copyright and trademark law.

1. PRICING:

All prices are subject to change without prior notice. Please call for current prices and availability of products. We reserve the right to discontinue products as necessary because of quality, availability, price or other reasons. The price of the products on our website is indicated in pound sterling with all taxes included and is detailed fully on the page of the product itself.

1. LEGALITY:

We make no claims as to emission performance for street or highway use. Some items listed in the online catalog are intended for off-road use only. VITALEN AUTO PERFORMANCE INC. does not make any claims of street-legal use of products that are not intended for use on public roads. We are not affiliated with Volkswagen Audi Group, Porsche AG, or any of their subsidiaries. All original artwork is the sole property of VITALEN AUTO PERFORMANCE INC.’s webmaster. VITALEN AUTO PERFORMANCE INC. is not responsible for errors on our website. Unauthorized duplication or transmission, electronic or otherwise, is strictly prohibited. VITALEN AUTO PERFORMANCE INC. does not encourage street racing and/or illegal racing on public roads. We encourage you to take lessons from your local racing schools and/or performance driving schools to better your knowledge of the use of your automobile and it’s handling capabilities if you do decide to race. Always remember to be careful while on the road and be courteous to other drivers. Last but not least…ALWAYS WEAR YOUR SAFETY BELT!

1. WARRANTY:

All items on this site (www.pedalcommander.co.uk) are warranted to be free from defects in the materials and workmanship prior to installation. Warranty is only applicable to the original owner. This warranty does not cover labor, misuse, and faulty installation, failure of related parts or parts purchased from parties other than VITALEN AUTO PERFORMANCE INC. Please call for specific warranty information on each product. Each manufacturer may supply different timeframes for their products. VITALEN AUTO PERFORMANCE INC. does not support warranty claims on gray market sales.

Certain information, such as images of the products or the information displayed on the quality and performance rating labels are non-contractual; VITALEN AUTO PERFORMANCE INC. cannot be held responsible if the ordered product or the information on its quality and performance rating label is different from the image shown on the website.

VITALEN AUTO PERFORMANCE INC. honours the order of the Customer within the limits of availability in stock. In case a certain item is out of stock VITALEN AUTO PERFORMANCE INC. will inform the Customer about it.

This order information is then communicated in details to the Customer in English upon confirmation of the order and thus creating the agreement between the Company and the Customer. A summary and a confirmation is sent to the Customer upon confirmation of the order.

VITALEN AUTO PERFORMANCE INC. cannot be held responsible if the ordered product is different from the image shown on the website.

1. BACKORDER:

We try to keep backorders to a minimum. If this is a time-sensitive purchase, please call us for approximate shipping dates. Some items may be drop-shipped from the manufacturer.

1. PRIVACY STATEMENT:

VITALEN AUTO PERFORMANCE INC. does not sell, rent, trade, or loan our customer’s names, VIN numbers, email addresses, or any type of personal information we collect. You may receive information from us that details new products, tracking numbers for shipping, or new features on our websites.

1. SHIPPING, RETURN AND EXCHANGE POLICY

Shipping, Return and Exchange Policies are arranged in detail on the website. We recommend that You read it in detail.

1. COPYRIGHTS AND TRADEMARKS

Any and all intellectual property rights (hereinafter, the “Intellectual Property”) associated with the Website and its contents (hereinafter, the “Content”) are the sole property of VITALEN AUTO PERFORMANCE INC., its affiliates or third parties. The Content is protected by copyright and other laws in both the United Kingdom and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website are trademarks, service marks, or trade dress (hereinafter, the “Marks”) of VITALEN AUTO PERFORMANCE INC., its affiliates or other entities that have granted VITALEN AUTO PERFORMANCE INC. the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of VITALEN AUTO PERFORMANCE INC.. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without VITALEN AUTO PERFORMANCE INC.’s or the appropriate third party’s prior written permission. Except as expressly provided herein, VITALEN AUTO PERFORMANCE INC. does not grant to you any express or implied rights to VAP’s or any third party’s Intellectual Property.

VITALEN AUTO PERFORMANCE INC. and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, illustrations, designs, graphics, icons, photographs, programs, video clips, and other items that appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of VITALEN AUTO PERFORMANCE INC.’s or any third party’s intellectual property rights.

VITALEN AUTO PERFORMANCE INC.’s names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of VITALEN AUTO PERFORMANCE INC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner.

References on the Website to any names, marks, products, or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply VITALEN AUTO PERFORMANCE INC.’s endorsement, sponsorship, or recommendation of the third party, information, product, or service. VITALEN AUTO PERFORMANCE INC. is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.

1. DISCLAIMER OF WARRANTIES

VITALEN AUTO PERFORMANCE INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. VITALEN AUTO PERFORMANCE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. VITALEN AUTO PERFORMANCE INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. VITALEN AUTO PERFORMANCE INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

1. LIMITATION OF LIABILITY

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK.

IN NO EVENT WILL VITALEN AUTO PERFORMANCE INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF VITALEN AUTO PERFORMANCE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WE MAY STILL BE LIABLE FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. DISPUTE RESOLUTION

DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE PRESENT TERMS OF USE SHALL BE FINALLY SETTLED BY ARBITRATION BEFORE ATAM PURSUANT TO THE ATAM ARBITRATION RULES. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE SEAT OF THE ARBITRATION SHALL BE ANKARA/TÜRKIYE.

THE SOLE ARBITRATOR SHALL BE APPOINTED BY THE BOARD. THE EMERGENCY ARBITRATOR RULES SHALL NOT APPLY

THESE GENERAL TERMS AND ANY DISPUTE ARE GOVERNED BY THE LAW OF ENGLAND AND WALES, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICTS OF LAW PRINCIPLES.

1. LINKING TO pedalcommander.co.uk 

We welcome and encourage other websites to link to www.pedalcommander.co.uk

You must contact us (support@pedalcommander.co.uk) for permission if you want to either:

• charge your website’s users to click on a link to any page on www.pedalcommander.co.uk
• say your website is associated with or endorsed by www.pedalcommander.co.uk  or another government department or agency

 

1. LINKING FROM pedalcommander.co.uk

www.pedalcommander.co.uk links to websites that are managed by other service providers or organisations. We do not have any control over the content on these websites.

We’re not responsible for:

• the protection of any information you give to these websites
• any loss or damage that may come from your use of these websites, or any other websites they link to

You agree to release us from any claims or disputes that may come from using these websites.

You should read all terms and conditions, privacy policies and end user licences that relate to these websites before you use them.

1. VIRUS PROTECTION

We make every effort to check and test www.pedalcommander.co.uk for viruses at every stage of production. You must make sure that the way you use this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

We’re not responsible for any loss, disruption or damage to your data or computer system that might happen when you use www.pedalcommander.co.uk

1. VIRÜSES, HACKING AND OTHER OFFENCES

When using www.pedalcommander.co.uk, you must not introduce viruses, trojans, worms, logic bombs or any other material that’s malicious or technologically harmful.

You must not try to gain unauthorised access to this Website, the server on which it’s stored or any server, computer or database connected to it.

You must not attack the Website in any way. This includes denial-of-service attacks.

We’ll report any attacks or attempts to gain unauthorised access to the Website to the relevant law enforcement authorities and share information about you with them.

1. GENERAL

There may be legal notices elsewhere on www.pedalcommander.co.uk that relate to how you use the site.

We’re not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.

We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date.

Doing this once will not mean we automatically waive the right on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply..

1. PRIVACY POLICY

You acknowledge and accept the Privacy Policy, which can be read here

You agree that you will not do anything that shall compromise VITALEN AUTO PERFORMANCE INC. ’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Website is concerned.

We may amend the Privacy Policy from time to time without notice and at our absolute discretion, and by continuing to use the Website you accept such changes.

1. ACCOUNTS

The Website may require you to create an account to participate in certain activities or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph, or providing false details for a parent or guardian, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of information you provide, including making spot checks of any mobile number you may provide for a parent or guardian. You also agree to promptly notify us at the address set out in this policy of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Websites. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use the Sites or portion thereof for impersonating any person or entity of otherwise misrepresenting your identity, for otherwise failing to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

1. TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Websites and destroying all materials obtained from the Websites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

1. FORCE MAJEURE

On the occurrence of an unforeseen event or force majeure which prevents VITALEN AUTO PERFORMANCE INC. from fulfilling its obligation toward the Customer, this obligation will be suspended. VITALEN AUTO PERFORMANCE INC. will inform the Customer of the occurrence of such an event as soon as possible.

1. CHANGES TO THESE TERMS AND CONDITIONS

Please check these terms and conditions regularly. We can update them at any time without notice.

You’ll agree to any changes if you continue to use the Website after the terms and conditions have been updated

 

1. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Vitalen Auto Performance Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy …  (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. Your express consent will also be obtained for the messages to be sent to you for commercial, marketing and advertising purposes. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Pedal Commander and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of throttle response controllers. Messages may include checkout reminders. 
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@pedalcommander.co.uk  Please note that the use of this email address is not an acceptable method of opting out of the program.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

 

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

1. Miscellaneous:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.