CONFIDENTIALITY AND QUERY FORMS
ZenTune will treat your details with the utmost confidentiality and they will never be passed or shared with third parties. If you don’t wish to be added to our mailing list please inform us in writing. When contacting us using our secure query form, please ensure that you enter your name, email address and contact phone number(s) so we can contact you promptly. Please also list as much detail about your query as possible, e.g. your vehicle make, model, engine size, power rating, registration number (optional) and the year of manufacture as this will enable us to answer your questions quickly and effectively.
ZENTUNE COPYRIGHT DISCLAIMER
ZenTune (and Logo) is a registered trademark in Australia and other countries. The copyright in the content and images in this website belongs to ZenTune or the images and content are used by ZenTune with the permission of the Copyright owner. You may download information for your own personal use (non-commercial) but otherwise it may not be copied or reproduced except with our written permission. While we strive to ensure that the website is accurate we are not liable for any errors, omissions or misleading statements on these pages or any site to which these pages connect.
Anything on this site is for information purposes only. Where ZenTune is used on this website it refers to ZenTune whose registered office is at ZenTune 3/1 Adept Lane Bankstown, 2200, NSW, Australia.
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
In no event shall ZenTune be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this website.
THIS WEBSITE The content, Images and performance results available on this website may vary without notice, due to ongoing research and development. We endeavour to have an error free website at all times, however we cannot guarantee this and cannot accept liability for any issues that this may cause. All product descriptions displayed are correct at the time the information was entered. This website is intended for personal and business use only (which must be reasonable and not offensive, abusive or in breach of any law or order).
Use or copy any material or information on this website for any commercial or unlawful purpose is not permitted without prior written consent. We regret we are unable to provide the raw development data as this is the intellectual property of ZenTune however we can supply power charts for your variant of vehicle upon request.
LINKS TO THIRD PARTY WEBSITES
Some links on this website will let you leave the ZenTune site. The linked sites are not under the control of ZenTune and Zentune is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
ZenTune is not responsible for webcasting or any other form of transmission received from any linked site. ZenTune is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZenTune of the site.
FEEDBACK AND INFORMATION
Any feedback or information you provide at this site shall be deemed to be non-confidential. ZenTune is free to use such information on an unrestricted basis in areas such as the Testimonials page. DISCLAIMER OF PERFORMANCE Once the ZenTune tuning box has been installed in your vehicle the driver is ultimately responsible for the increased power, torque and speed acquired.
By installing this product, the customer understands and agrees that as a high performance product, individual results may vary depending on make, model, and usage. The customer also understands that the original vehicle manufacturer makes its own determinations regarding the effects of add-on products and/or service to its warranties, ZenTune shall in no way be held responsible nor liable for anything pertaining to or resulting from the original vehicle manufacturer's warranty and/or terms of use. While fuel savings are common with our tuning boxes they do depend on your individual driving style and therefore cannot be guaranteed.
DISCLAIMER OF LIABILITY
The buyer acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and the buyer agrees to indemnify the seller and to hold the seller harmless from any claim related to the item of the equipment or service purchased. ZenTune assumes no liability regarding the improper installation or misapplication of its products and/or services. It is the installer’s responsibility to check for proper installation and if in doubt our Technical Department is to be contacted. It is your responsibility you advise your insurance company of this modification. This modification may affect your premium, so we would advise that you contact your insurance company before you carry out the installation so that you are fully aware of any additional cost you may incur. It is your responsibility to comply with all applicable federal and state laws relating to the use of equipment supplied by Zentune or both on-road, off-road, on or off public highway use. Zentune hereby disclaims any liability resulting from the failure to use our products in compliance with all applicable federal and state laws. By installing and or using our products you agree to the terms of use as stated above.
BUSINESS CUSTOMERS
Zentune shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement. CONSUMER RIGHTS Nothing in this agreement affects any statutory rights you may have as a consumer. Under the Distance Selling Regulations, consumers usually have "7 days cooling off" period within which they have a right to cancel contracts for goods or services entered into via the internet.
RETURNS AND REFUNDS
In the unlikely event that you would like to return your product, our 30-day returns policy to enable you to return products to us in appropriate circumstances: Inform us in writing; Obtain a Return Form and RMA by email at returns@zentune.com We receive the returned product within 30 days following the date of purchase of the product. Goods must be returned with any labels must still be attached and in an ‘as sold’ condition enabling us to re-sell the item, i.e. clean, free from marks and scratches. If the returned goods are found to be in a condition other than ‘as sold’ will reserve the right to offer a partial refund. You will be responsible for returning the goods at your own cost. Please ensure that returned items are correctly tracked and insured when shipped. Zentune efund policy incurs a handling/admin fee of $10.00 of the total cost of the product. Any additional or optional postal charges will not be refunded. Any Customs Duty, Taxes or extra fees charged or paid on the buyer’s behalf will be passed to the buyer and/or deducted from the final refund. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Force majeure - In this Section “force majeure event” means: Any event which is beyond our reasonable control; Hacker attacks, virus or other malicious software attacks; Problems with the internet, part of the internet, or any third party internet service provider; Power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under the agreement, those obligations will be suspended for the duration of the force majeure event.
PRODUCT NOT-AS-DESCRIBED
Such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer's false expectations or wishes are not honoured. WARRANTY All products supplied by ZenTune are covered by a 5 year warranty from the date of supply. All internal components, casing and harness are covered for the duration of the warranty. Although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to our Technical Support Team for approval. We keep the right to rectify the error or defect at the earliest opportunity. If any fault is identified a repair or replacement of the product will be offered.
THE FOLLOWING ITEMS AND CONDITIONS ARE NOT COVERED BY WARRANTY: Wilful damage, failure to follow ZenTune instructions or any alteration or repair carried out without our approval, misuse, abuse, neglect. Damages incurred through irresponsible use, overclocking, incorrect voltage input from improper installation, connection to other product or device, dismantling or removing parts. Water ingress caused by incorrect installation or inappropriate location adverse to ZenTune guidelines set in the installation instructions. A repair or replacement will not result into a warranty extension or new beginning of the warranty.
SHIPPING & DELIVERY
Each ZenTune box is programmed individually therefore it is the customer’s responsibility to provide all information required in order to meet the deadlines. Despite all our efforts, sometimes unforeseen delivery delays are possible and usually are down to the Courier or Postal Services. ZenTune has no control over any customs queries, delays, or charges that may arise. If there are any customs charges, these must be paid in addition by receiver before the delivery is made. ZenTune reserves the right to pass these charges directly onto the person who made the order relating to the consignment that has the charges on it. If you do not wish to pay the charges and the consignment is returned, all return charges will also be passed onto you in full.
APPROVED TDI TUNING FITTING CENTRES
ZenTune may offer its customers the choice of having their purchase professionally installed by an authorised partner: All ZenTune authorised fitting centres are approved by third parties. Adherence to ZenTune standards are maintained at all times. Your contract is with ZenTune at all times. This service in non-refundable in event of a product return.
CANCELLATION/MOVEMENT OF BOOKINGS
You have the right to reschedule, cancel or amend appointments (subject to availability) provided one working day’s notice is provided. ZenTune reserves the right to retain the fitting fee paid in the event that insufficient cancellation notice is provided.
ZENTUNE AFFILIATES
ZenTune reserves the right to amend and update these Terms and Conditions at any time giving notice of when changed terms are posted on our website or in an email/newsletter.
- COMMENCEMENT AND TERMINATION.
This Agreement shall come into force upon your acceptance as an Affiliate and shall remain in effect until terminated. The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all references to ZenTune, return marketing materials and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date. ZenTune is entitled to terminate this Agreement and/or suspend the Affiliate from the Affiliate Program at any time. The Affiliate shall acquire no rights following the termination of this Agreement to use Intellectual Property Rights including domain names or any text, or images, banners or any other works created by or for ZenTune.
The affiliate scheme starts on the 21st of each month and ends on the 20th of the following month. Payments acquired during this time will be paid on the 25th of the following month or thereafter. Any cancelled sales during this time will be deducted from the total payable. In order to be paid on the 25th of the following month ZenTune will notify all eligible affiliates on the 21st of how much they are to invoice. ZenTune must be in receipt of an invoice before a payment can be made. All invoices must include full legal trading details including VAT number where appropriate. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between ZenTune and the Affiliate.
Any Affiliate outside of Australia to whom we pay regular or one off large sums of money may be asked to provide information in compliance with Money Laundering Regulations. Failure to comply will result in monies being withheld. The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to them by ZenTune.In the event of an item being returned for a refund under the 30day policy any commission allocated to the Affiliate will be cancelled or reclaimed without exception. Affiliate payments will only become eligible on account 30 days after the transaction occurred. I.e. if a customer purchases on the 10th of January payment wouldn’t become eligible until 30 days after this date.
Therefore the payment would be full under February’s payment period and not January. Any refund under the warranty period may be reclaimed up to a period of 6months.
Payment is only made to Affiliates in Australia that have a minimum balance of $35 (thirty-five dollars) in their account. All Affiliates outside of Australia have to reach a minimum balance of $100 (100 hundred dollars) in their account or joint accounts before payment is made. Affiliates who do not meet the minimum balance requirements will not be eligible for payment until it has been reached. Furthermore, any account that has had no activity for a period of 6 calendar months will be deemed to be abandoned and ZenTune will apply a variable account closing charge up to the maximum of $25. The charge will never be greater than the balance in the account. Affiliate payments will only be made when funds are in place from the Customer.
ZenTune will endeavour to collect funds from the customer and then pay the Affiliate per the payment terms above. ZenTune will provide the Affiliate with a detailed report on the 21st of each month showing commission that is pending for sales in the previous period documented above. The Affiliate agrees to regularly check his reports to ensure that the commission shown is correct. ZenTune accepts no responsibility for any errors or omissions and their consequential implications which are not notified to us in writing within a 4-week period from the point at which we notify you of a payment owed. In the event of any Affiliate fraud, all transactions in the Affiliates account will be reversed. In addition, ZenTune or the customer affected may recover any payments made before fraud has been detected.
We also reserve the right to take legal or criminal action against the companies and individuals involved. In the event of suspected fraud, payment to an Affiliate's account will be stopped and the Affiliate will be asked to provide additional information as to how they have been promoting the products. Failure to comply will result in monies being withheld and the Affiliate's account being terminated. The affiliate will only distribute their specific affiliate code to potential customers and shall receive $35 per successful transaction made.
- INDEMNIFICATION.
The Affiliate shall keep ZenTune indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate's website or any incorrect information given to ZenTune by the Affiliate. The Affiliate shall also compensate ZenTune for any other damages or costs caused by the Affiliate's improper, negligent or unauthorised use of ZenTune service and technical problems or loss of data caused by the Affiliate on ZenTune website or on any website to which the Affiliate is linked by ZenTune.
- LIABILITY - SYSTEM FAILURE, VIRUSES, DAMAGES, DOWNTIME.
ZenTune shall not be liable to the Affiliate for defects in the service, interruptions infringements on data or loss of data on the ordering system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever. 6. LIABILITY LIMITS. ZenTune cannot guarantee or warrant the performance of the Affiliates programme or the links to any linked websites. ZenTune shall not be liable for any errors of emissions in documentation, marketing materials supplied to or on behalf of the Affiliate.
- LEGAL CONTENT AND APPROVAL.
The Affiliate is solely responsible for their website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations. If the Affiliate is based outside of Australia then they must also undertake to ensure their website is compliant with the laws of Australia. The Affiliate shall not use ZenTune logos, name or images without prior agreement in writing. 8. (a) Confidentiality Each party acknowledges that information disclosed to it by the other party in connection with the Affiliate programme is proprietary, confidential or a trade secret of the Disclosing Party. (b) Waiver Any provisions of this agreement may be amended or suspended if agreed in advance by both parties.
Such a waiver of any provision of the agreement is only effective if it is in writing and signed by the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. (c) Force Majeure Each party shall be released from its obligations under this agreement to the extent that, and for as long as, its performance is delayed, hindered or prevented by circumstances which are not within its reasonable control.
These circumstances shall include (without limitation) acts or restraints of governments or public authorities, war, revolution, riot or civil commotion, strikes, lock-outs or other industrial action, blockage or embargo, failure of supplies of power, fuel, transport, equipment or other goods and services, and explosion, fire, flood or natural disaster.
- COPYRIGHT / INTELLECTUAL PROPERTY.
ZenTune owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement.
- AFFILIATES INFORMATION E.G. EMAIL, PERFORMANCE STATISTICS.
The Affiliate consents to the publication of the Affiliate's name and web address etc on Network marketing newsletters etc to the Affiliate's e-mail address and using the information given by the Affiliate for marketing purposes. The Affiliate confirms that in order to enable ZenTune to improve and/or to promote or market the service, ZenTune may produce statistics or summaries relating to the use of the service. ZenTune may contact the Affiliate by email, telephone or post for feedback relating to the service including any ways in which it might be improved both for the network and for the individual Affiliate.
- LEGAL AGE.
The Affiliate confirms to ZenTune that the Affiliate is not a private individual less than 18 year of age. If you are under 18 years old and would like to become an affiliate, you must get a parent or guardian to sign-up on your behalf. 12. APPLICABLE LAW. ZenTune shall not be liable for the legality in countries other than Australia. The Affiliate is solely responsible for the legality of the use of the service if the Affiliate is registered to ZenTune from a country other than Australia or if the Affiliate's website is on a server in a country other than Australia. If any dispute arises out of this Agreement the Parties will attempt to settle it by a mediation procedure as the parties may agree in writing.
COMPETITION GENERAL TERMS & CONDITIONS
These terms and conditions (which we will refer to as our "General Terms") are the overarching general terms and conditions that apply to all the competitions controlled by ZenTune. We refer to all these competitions as the "Competitions" in these General Terms. Competitions may also have their own specific terms and conditions (such as the details of how to enter, what the opening/closing dates are and what sort of prize you may win). Any such Competition-specific terms and conditions will be made available by means of the relevant media as part of the website or in-print promotion of the particular Competition. In these General Terms, we will refer to these Competition-specific terms and conditions as the "Specific Terms".
You should therefore read these General Terms in combination with any applicable Specific Terms. Where any such Specific Terms conflict with these General Terms, the Specific Terms will take precedence. We may change these General Terms at any time. You should check our website regularly for any changes which will apply from the date that they are uploaded. By entering any Competition you agree that you will be legally bound by these General Terms and also any applicable Specific Terms.
IDENTITY OF THE PROMOTER OF THE COMPETITION
The "promoter" of a Competition is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be ZenTune ("the Promoter"). ZenTune is a company registered in Australia. You can write to us using the following address if you have any concern in relation to any of our Competitions, setting out clearly the name of the Competition and your issue: In the first instance, by the brand. If you are not satisfied with the response, please write to ZenTune 3/1 Adept Lane Bankstown, 2200, NSW, Australia providing details of your response from the brand. ELIGIBILITY RULES OF OUR COMPETITIONS Unless we impose a particular age limit in relation to any of our Competitions, they are open to all persons resident in Australia at the date of their entry.
We reserve the right to require that the parent or guardian of any person aged 18 or less confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of an under-18 prize winner. Certain Competitions may have additional eligibility requirements, such as valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be published to entrants in the relevant Competition. Employees of the Promoter and their immediate families may not enter any Competition: neither may the employees of any third party sponsors, prize providers or their immediate families.
ENTRY AND ENTRY METHODS Premium rates:
Competition entry may be by premium rate landline or mobile texts or calls. Your network provider may also charge varying amounts for these types of call and so the cost of your call may be more than as stated by us. In all cases you should check with your network provider. You should note that invalid or unsuccessful entries made via these methods may still be charged. In all cases, you should have the bill payer's permission to enter using a premium rate method. Where entry is by telephone, entries that are submitted before lines open or after lines close will not be entered in the Competition but we cannot guarantee that entrants will not be charged for the call or text made. SMS: Where a Competition asks you to enter using SMS, you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number.
SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or shortcode and must include the correct keywords or other answer format as required by the specific Competition. Entries which fail to do so will be void. Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of our station that is running the Competition in question. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason.
Proof of posting of any postal entry will not be proof of our receipt of that entry. Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited. Names: Entrants must enter Competitions using their legal name once only. Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
COPYRIGHT
Assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future; agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title; undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants' warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit,
refuse to distribute or remove the same; Confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same. In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
LAWS These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of Australia.
© Copyright 2018. All Rights Reserved.