Terms & Conditions - Megamobile Services
Effective as of December 2017
The Megamobile applications in sms, web, app, bot formats, which have been designed for use with mobile devices and (collectively, the "Megamobile Services"), is controlled by and/or maintained by Megamobile Inc. Read these Terms and Conditions before using our Megamobile Services. By using our Megamobile Services, participants ("Participant", "you," "your") agree to be bound by each of the Terms and Conditions set forth below and any amendments thereto ("Terms and Conditions"). Review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions for this Megamobile Services. Your use of certain features of our Megamobile Services may be subject to additional Terms and Conditions. By using these features, you also agree to be bound by such additional Terms and Conditions.
Megamobile Inc. may (i) terminate, change, suspend or discontinue any aspect of the Megamobile Services, including the availability of any features of the Megamobile Services, at any time; (ii) impose limits on certain features and services or restrict your access to parts or to the entire website; and (iii) may terminate the authorization, rights and license given herein, without notice or liability.
MEGAMOBILE INC. SERVICES
Megamobile Inc. reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any request made to the Megamobile system which would render impossible or delay the fulfillment of its obligations; Provided that such events shall not be caused by any negligence on the part of Megamobile Inc.
Megamobile Inc. will not be liable for incorrect information and/or non-existent recipient that user inputted on the service.
RESTRICTION OF LIABILITY
Megamobile Inc. will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Megamobile Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Megamobile Services, even if there is negligence or Megamobile Inc. or an authorized Megamobile Inc. representative has been advised of the possibility of such damages, or both. Megamobile Inc.'s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this Megamobile Services, should any such liability be established.
All remarks, suggestions, ideas, graphics, or other information communicated to Megamobile Inc. through this Megamobile Services (together, the "Submission") will forever be the property of Megamobile Inc. Megamobile Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Megamobile Inc. operations. Without limitation, Megamobile Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not Megamobile Inc. have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials in the Megamobile Inc. site are made available only to provide information about Megamobile Inc. Megamobile Inc. controls and operates this site from its office in Makati Metro Manila, Philippines and makes no representation that these materials are appropriate or available for use in other locations.
OUR MEGAMOBILE SERVICES AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR MEGAMOBILE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR MEGAMOBILE SERVICES IS AT YOUR SOLE RISK. MEGAMOBILE INC. AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR MEGAMOBILE SERVICES BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR MEGAMOBILE SERVICES OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR MEGAMOBILE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR MEGAMOBILE SERVICES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR MEGAMOBILE SERVICES AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MEGAMOBILE INC., OR ITS PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR MEGAMOBILE SERVICES, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR MEGAMOBILE SERVICES.
Megamobile Inc. will not be liable for damages of any kind or nature or injury whatsoever caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Megamobile Inc. will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Megamobile Services, even if there is negligence or Megamobile Inc. or an authorized Megamobile Inc. representative has been advised of the possibility of such damages, or both. Megamobile Inc.’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this Megamobile Services, should any such liability be established.
Megamobile Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Megamobile Inc. sites, and (b) all related documentation and all copies and installations (together, the "Materials"). Megamobile Inc. may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
This is the entire agreement between the parties relating to the use of this site. Megamobile Inc. can revise these Terms and Conditions at any time by updating this posting. Megamobile Inc. products and services are available in many parts of the world. However, the Megamobile Inc. site may describe products and services that are not available worldwide. This site may be linked to other sites that are not maintained by Megamobile Inc.. Megamobile Inc. is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Megamobile Inc. of the sites.
All intellectual property, including but not limited to trademarks, service marks, trade names (collectively the "Marks") are in this site are proprietary to Megamobile Inc., its licensors or to other respective owners. They may not be used, in any form or manner, or for any purpose without the prior written consent of Megamobile Inc.
CHARGES FOR THE MEGAMOBILE SERVICES
Megamobile Inc. does may charge you to use the Megamobile Services; please check your wireless plan, because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Megamobile Services, and you are solely responsible for any costs you incur to access the Megamobile Services. Use of the Megamobile Services to send content to another person via e-mail, social media posting or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
RULES OF CONDUCT
By using our Megamobile Services, Participant accepts the following rules of conduct:
Participant will not post to or transmit through our Megamobile Services any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates any law or regulation, or would give rise to civil or criminal liability.
Further, Participant shall not use our Megamobile Services (a) in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with Megamobile Inc., or any other Megamobile Inc. policy applicable through the Terms and Conditions; or (c) that interferes with or adversely affects the operation of this Megamobile Services or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”). Participants shall cooperate with Megamobile Inc. in investigating and correcting any apparent breach of these Terms and Conditions.
Participants shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Participant Material”) or otherwise access or make available using the Megamobile Services or Infrastructure.
In the event that Megamobile Inc. becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose Megamobile Inc. to civil or criminal liability, Megamobile Inc. reserves the right to investigate such Participant Material, block access to such material and suspend or terminate any features of or Content on the Megamobile Services without liability. Megamobile Inc. further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that Megamobile Inc. believes is responsible for such violation. Megamobile Inc. also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Megamobile Inc.'s rights and remedies at law or in equity that may otherwise be available.
You agree to defend, indemnify and hold Megamobile Inc., and its partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of your agreements under these Terms and Conditions.
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
3F Media Resource Plaza
Mola corner Pasong Tirad Streets
Brgy. La Paz Makati City Philippines