Terms Of Use – Megastore

1. INTRODUCTION

Welcome to megastoreil.com (referred to as the “Site”). These terms of use on which products are supplied to you as a buyer on megastoreil.com or our communication channels (defined as the “Site”). Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Use with immediate effect.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use with immediate effect. These Terms of Conditions are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.

2. ABOUT OUR SITE

The Site serves as an e-commerce platform that enables both individuals and enterprises to purchase products. We retain the right to introduce new Services and modify or discontinue any existing Services, at our sole discretion. Please note that we hold no liability towards you for exercising this discretion.

3. ELIGIBILITY AND REQUIREMENTS

To fully benefit from the Services as a buyer, please ensure that you meet the following eligibility criteria:

Age Requirement: You must be of legal age to purchase products in your country of residence. By registering on the Site, you confirm that you meet the legal age requirement.

Registration Process:

To register on the Site, it is necessary to provide us with certain information. Please note that failure to provide the required information may result in the rejection of your registration. We retain the right to decline any registration without providing further explanation. Additionally, we may conduct identity verification checks as deemed necessary.

Registration Duration:

Upon successful completion of the registration process, your registration on the Site will remain valid indefinitely, unless it is suspended or terminated in accordance with these Terms of Use.

4. YOUR OBLIGATIONS

When using or accessing our Services, you agree to adhere to the following responsibilities:

Account Security:
1. You are responsible for maintaining the confidentiality of your account and password.
2. You accept responsibility for all activities conducted under your account.
3. Promptly notify us of any unauthorized use of your account or password or any security breaches.
Accurate Information:
1. Provide accurate, truthful, current, and complete information about yourself and your use of the Services, as required.
Protection of User Information:
1. Do not disclose user information provided to you to any third party, except as required or requested by us.
2. Cooperate with our requests for additional information regarding your eligibility and usage of our Services.

In addition, when using or accessing our Services, you agree not to engage in the following prohibited actions:

Inappropriate Content:
1. Posting, listing, or uploading information that is blasphemous, defamatory, obscene, libelous, invasive of privacy, hateful, racially or ethnically objectionable, encouraging money laundering or gambling, or otherwise unlawful.
Restricted Content:
1. Posting, listing, or uploading content or items in prohibited categories or areas on our Site, including culturally or religiously offensive content, or content that may threaten national security or promote gambling.
Prohibited Items:
1. Posting, listing, or uploading items such as weapons, securities, prohibited substances, fake or harmful products, non-transferable vouchers, or chemicals.
Rights Violation:
1. Linking or including items for which you do not have the right or that are counterfeit or stolen.
2. Breaching laws, third party rights, our systems, policies, or determinations of your account status.
Misuse of Services:
1. Using our Services if you are ineligible, unable to form legally binding contracts, or temporarily or indefinitely suspended.
2. Failing to pay for purchased items or deliver sold items without valid reasons.
3. Using provided contact information to solicit sales offline or on other websites.
4. Manipulating item prices, interfering with other users’ listings, or undermining the Site’s feedback and ratings systems.
5. harvest or otherwise collect information about users without their consent.
6. circumvent any system or service we use to provide the Services.
Deceptive Practices:
1. Posting false, inaccurate, misleading, deceptive, defamatory, or similar content.
2. Transferring your account to another party without our prior written consent.
3. Distributing spam, unsolicited or bulk electronic communications, viruses, or technologies that may harm our Services or users’ interests.
Intellectual Property:
1. Infringing upon our Intellectual Property Rights or the Intellectual Property Rights of third parties.
2. Harvesting user information without consent or circumventing technical measures we employ to provide the Services.

5. INTELLECTUAL PROPERTY RIGHTS

With the exception of the rights explicitly granted under these Terms of Use, the following provisions apply:

Site Content:
1. All content displayed on the Site, including text, graphics, logos, images, audio clips, digital downloads, and software, is either our property or the property of our licensors.
2. We (or our licensors) retain all rights, titles, and interests in and to the Site and the Services, including all Intellectual Property Rights associated with them.
User-provided Content:
1. Any information, materials, or other content that you provide in connection with your use of the Services, including Intellectual Property Rights, will become our property.
Trademark Usage:
1. You acknowledge that you have no right to use any of our trademarks without our prior written consent.
Reserved Rights:
1. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
By agreeing to these Terms of Use, you acknowledge that the ownership of all content, including Intellectual Property Rights, belongs to us or our licensors, unless explicitly granted otherwise. Unauthorized use of our trademarks or any content without prior written consent is strictly prohibited. We reserve all rights not explicitly granted to you in these Terms of Use.

6. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

You warrant, represent, and undertake the following:

Compliance with Applicable Laws:
1. You will fully comply with all applicable laws, statutes, and regulations, including privacy laws and content regulations.
Authority and Conflict:
1. You possess the full power and authority to enter into these Terms of Use.
2. The execution and performance of your obligations under these Terms of Use do not conflict with any applicable laws, rules, regulations, governmental guidelines, or other agreements to which you are bound.
Authorized Representation:
1. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of the business and bind it to these Terms of Use. The account is considered owned and controlled by the business entity.
Rights and Licenses:
1. You own or have the authority to grant us the rights and licenses specified under these Terms of Use.
Non-violation of Third Party Rights:
1. Any content you submit as part of your use of the Services and any listed products do not infringe upon the rights of any third party, including Intellectual Property Rights, globally.

Regarding the Services:

Service Provision:
1. The Services are provided to you on an “as is” basis without any warranties, representations, or conditions of any kind, except as stated in this Terms of Use.
Disclaimer of Warranties:
1. We disclaim all warranties, conditions, and representations, whether express, implied, or collateral.
2. This includes warranties of merchantability, fitness for a particular or general purpose, non-infringement, compatibility, and the assurance that the Services are secure, error-free, uninterrupted, timely, or provided in a proper manner.
Accuracy of Product Descriptions and Content:
1. While we strive for accuracy, we do not warrant that product descriptions or other content provided through the Services are accurate, complete, reliable, current, or error-free.
2. As a buyer, you acknowledge that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services. You agree not to hold us liable for any inaccuracies or defects in the listings.
3. As a seller, it is your responsibility to review the content of your listings for accuracy, and you agree not to hold us or our catalogue/content providers responsible for any inaccuracies.

6. LIABILITY & INDEMNITIES

No Limitation or Exclusion of Liability:
1. Nothing in these Terms of Use shall limit or exclude a party’s liability for fraud, including fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.
Our Liability:
1. We, our subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors shall not be liable for any special, indirect, incidental, or consequential damages arising out of or in relation to these Terms of Use.
2. This includes, but is not limited to, loss of profits, loss of data or information, business interruption, or any other pecuniary loss, whether based on contract, tort, negligence, breach of statutory duty, or otherwise.
3. Even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been advised of the possibility of such damages.
Additional Exclusions of Liability:
1. In addition, to the extent permitted by applicable law, we (including our subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors) are not liable and you agree not to hold us responsible for any damages or losses resulting from various factors, including but not limited to:
  1. The content or information you provide when using the Services.
  2. Your use or inability to use our Services.
  3. Pricing, shipping, format, or other guidance provided by us.
  4. Delays or disruptions in our Services.
  5. Viruses or other malicious software obtained through accessing or linking to our Services.
  6. Bugs, errors, or inaccuracies in our Services.
  7. Damage to your hardware device caused by products sold on the Site or our Services.
  8. Actions or inactions of third parties using our Services.
  9. Suspension or other actions taken by us regarding your use of the Services.
  10. Appearance or search results of your listings.
  11. Necessity to modify practices, content, or behavior or loss of business due to changes in these Terms of Use.
Limitation of Liability:
1. Subject to clause 5.1, if clauses 5.2 or 5.3 are unenforceable or inapplicable, the total liability applicable to us, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors to you shall be limited to the lower of:
  1. The price the item sold for on our Site and its original shipping costs.
Indemnification:
1. Your Indemnification Obligation:
  1. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors harmless from any Claims arising out of or relating to:
    1. Claims or demands made by any third party due to your use of the Services.
    2. Your violation of any provisions of these Terms of Use, including warranties, representations, and undertakings.
    3. Your violation of applicable laws, including data protection or anti-spam laws.
    4. The manner in which you use our Services, including content you post, items you list, or infringement of Intellectual Property Rights or other rights of third parties, or any slanderous, defamatory, obscene, or rights-violating content in your listings (including privacy rights of other Site users).

8. SUSPENSION, TERMINATION & CANCELLATION

Termination of Access:
1. We reserve the right, at our sole discretion and without any liability to you, to limit, suspend, or permanently withdraw your access to our Services and take the following actions for any reason:
  1. If we believe you have infringed, breached, violated, abused, or unethically manipulated any term of these Terms of Use.
  2. If you use our Platform or Services for unlawful and fraudulent purposes, in connection with a criminal offense, or abuse our policies and rules.
  3. If you are suspected of inventory abuse or placing bulk orders, including the following (without limitation):
    1. Exploiting technological glitches or loopholes to place an order.
    2. Placing multiple orders for the same product at the same address in certain product categories.
    3. Ordering bulk quantities of the same product.
    4. Providing an invalid address in order details.
    5. Engaging in abuse or fraud when placing an order.
Fraudulent Activities:
1. We reserve the right to take appropriate action if you are suspected of fraudulent activities or if you file invalid or false claims or provide false, incomplete, or misleading information. The following actions (without limitation) may be considered fraudulent activities:
  1. Failure to reply to payment verification emails sent by us.
  2. Inability to provide sufficient documents during payment verification.
  3. Misuse of credentials not belonging to you.
  4. Use of invalid addresses, emails, or phone numbers.
  5. Attempting to exploit voucher codes.
  6. Returning the wrong or damaged product intentionally.
  7. Refusing to pay for an order.
  8. Using counterfeit currency notes for cash on delivery payments.
  9. Abusing or harassing delivery staff.
  10. Conducting activities with the intention of causing financial loss to our business.
  11. Having a high rate of undeliverable returns, often involving missing, counterfeit, or damaged products.
  12. Repeatedly requesting monetary compensation.
Content Deletion and Liability:
1. If your access to our Services or Platform is terminated, we may delete any content or materials related to your use of the Service, including loyalty program credits or reward points, without any liability to you or any third party.
2. However, we may preserve your transaction details for tax or regulatory compliance purposes.

9. REPORTING VIOLATIONS OF THESE REQUEST TERMS OF USE

We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details at Megastore and we will investigate.