Terms of Supply

 

These Terms of Supply (Terms) of content by users and purchase of Megarray Media Corp content from megabiz.io governs the relationship between you (Customer, Subscriber or User) and us (Megarray Media Corp). You are encouraged to read these terms before supplying contents to us or subscribing or purchasing our digital contents or services. By supplying contents to us or by purchasing or subscribing to our digital contents and services, it will be assumed that you have accepted these terms and have agreed to be bound by it. If at any time, you withdraw your consent to these terms, kindly stop supplying contents to us and/or stop purchasing our digital contents and services by unsubscribing to these services. These Terms creates a legally binding contract between you and us.

Your Status

By supplying content to megabiz.io or by purchasing content from megabiz.io you warrant that you are at least 18 years old or you are legally capable of entering into binding contracts.

The cookie transmits this information back to the website's computer (or server).

Types of Cookies Megarray Media Corp Use

The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission. Please know that Megabiz.io uses different kinds of cookies stated below and described throughout this policy. Some cookies are placed by third party services that appear on our pages over which we may have no control.

Types of Customers

Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying digital content and services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Please note that the digital content and services offered on our website have designed for use by business customers only. However, to the extent that you may be deemed to be acting as a consumer under applicable law, then the provisions below which are stated to be applicable to consumers shall apply to your use of the digital content and services.

Our Services are provided and targeted at the business customer, however the consumer is not excluded from making purchases and shall also be bound by these terms.

If you are a Consumer

You may only purchase digital contents and services from our site if you are at least 18 years old. As a consumer, you have legal rights in relation to faulty digital content.

If You Are a Business Customer

You confirm that you have authority to bind any business on whose behalf you use megabiz.io to purchase digital content and services.

These Terms and any our Privacy Policy and Terms of Website, Acceptable Use Policy and Cookie Policy constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy and Terms of Website Use, Acceptable Use Policy and Cookie Policy.

Our Liability if You Are a Business Customer

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • oss of goodwill; or
  • any indirect or consequential loss.

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the digital content you purchased.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Digital Content. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Digital content are suitable for your purposes.

Our Liability if You Are a Consumer

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the agreement.

We only supply the digital content for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

  • fraud or fraudulent misrepresentation;

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the digital content you purchased.

Megarray Media Corp’s Contract with you

After placing an order to either upload digital content to megabiz.io or purchase digital content from megabiz.io, you will receive an automated e-mail from us acknowledging that we have received your order. The receipt of this e-mail does not mean that your order has been accepted. Your order constitutes an offer to us to upload digital content on megabiz.io or purchase digital content from megabiz.io. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the digital content you uploaded is accepted or that the digital content you intend purchasing will be supplied to you ("Order Confirmation"). The contract between you and us ("Contract") will only be formed when we send you the Order Confirmation e-mail. The Order confirmation e-mail shall contain a special-order number for identification of your order. You can also make reference to this number when inquiring on issues associated with your Order.

The Contract will relate only to the supplied uploaded digital content we accepted or the digital content we have agreed to supply in the Order Confirmation. We will not be obliged to accept any uploaded content or supply any other digital content and services which may have been part of your order until the uploaded digital content has been accepted in a separate order confirmation or the supply of such digital content and services has been confirmed in a separate Order Confirmation. Where you do not receive an Order Confirmation within 72 hours of your order, you shall receive an e-mail communicating our rejection of your order.

Where you make an order to upload digital content to megabiz.io we have the right in our sole discretion to refuse such an order without proffering any reason. Where your order has been cancelled or refused, you shall not use your uploaded digital content. Megarray Media Corp shall not use your uploaded digital content and shall immediately delete it from megabiz.io where your order was refused or cancelled.

Variation of digital content and services

The images of the digital content and services on megabiz.io are for illustrative purposes only. Megarray Media Corp digital content and services may vary from the online samples. Megarray Media Corp cannot guarantee the accurate display of colors and designs on your devices despite its best efforts to depict the designs and colors accurately. Thus, your production may vary slightly from those images.

Changes

Megarray Media Corp may change the digital content on megabiz.io or withdraw specific digital content at any time and without notice.

Your Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assignees once we have accepted your order. The following rights and obligations applies to you:

  • You may not transfer, assign, charge or otherwise dispose of the agreement or any of your rights or obligations arising under it, without our prior written consent.
  • You will not permit any user subscription to be used by more than one authorized user unless it has been reassigned in its entirety to another individual authorized user with our written consent, in which case the prior authorized user shall no longer have any right to access or use the digital content or services;
  • You shall not permit more than one user to access and use the digital content and services.
  • You have the responsibility to keep your password save and confidential at all times, users shall not disclose their password to anyone or make it public. You shall also periodically change your password to ensure the security of your digital content and megabiz.io.
  • You shall grant us unreserved access to audit the digital content services we provide to you at any time, such an audit usually takes place once in a quarter. The essence of the audit is to provide improved digital content and services to you. If during the audit we discover that you have violated any of the provision of these Terms, we reserve the right to request that you rectify the breach or to terminate your order or subscription.
  • You shall not use or access megabiz.io in any way that is not unacceptable to Megarray Media Corp. Kindly read our Acceptable Use Policy on prohibited uses of megabiz.io.
  • You shall ensure that the digital content made available to you is compatible with your system and any on any system on which it will be used.
  • You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the digital content or services in any form or media or by any means (except to the extent expressly consented to in writing by Megarray Media Corp) or access all or any party of the digital content or services in order design a product or service to compete with Megarray Media Corp products and services.
  • Once you have paid for our products and services and the payment has been duly confirmed and acknowledged for a particular product or service, you shall be granted the license to use our products and services. However, your license might be revoked or cancelled or suspended when you fail to renew your subscription fees for our products and services.
  • You shall not try to get, or aid third parties in getting access to the digital content and/or services, other than as provided under these terms.
  • You shall use all judicious efforts to avert any unlawful access to, or use of, the services and/or digital content and, in the event of any such unlawful access or use, promptly notify us.
  • You have a legal right to end the contract if the digital content is bad, damaged or misrepresented in its description before your subscription of the services or because of a failed promise.
Your Refund Rights
  1. You have a right to refund subject to deductions where you cancel your subscription before using the digital content or services. You have the right to end the contract or if you are a subscriber of the video service and you intend to cancel the subscription before the expiration of your paid one month or six months or one year subscription. A refund will only be available subject to reasonable deductions where you have not commenced usage of the one-month subscription.
  2. You have a legal right to change your mind within 14 days from the purchase of our digital products or services and shall be entitled to receive a refund. Nevertheless, this right will be considered as waived and will not apply when you have begun using our products and services such as creating digital content and downloading videos etc.
  3. You shall have the right to terminate the agreement and request for a refund where we have suspended supply of the digital content and services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four (4) months or where we notified you about a blunder in description of our services and products or in price.
Intellectual Property Rights

We shall own the copyright and all other intellectual property rights of whatever nature in any digital content we supply to you. You shall also assign to us all intellectual property rights and procure the assignment of intellectual property rights from your employees, independent contractors and official of the uploaded digital contents.

You shall:

  1. Waive, and shall procure that all relevant officers, employees and sub-contractors waive of any moral rights in relation to the Intellectual Property Rights attaching to the uploaded digital content.
  2. Assign to us on request and free of charge all of your rights, title and interest in the Intellectual Property Rights in the uploaded digital content which have not been assigned to us and shall execute any document and do anything as may be required to give effect to this condition.
  3. Warrant that the digital content shall not breach the Intellectual Property Rights of any third party and covenants with us to fully indemnify, defend and hold harmless Megarray Media Corp for and against all and any losses, arising from any claim that the digital content produced breaches the intellectual property of a third party.

You shall not:
Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:

  1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the digital content and/or services (as applicable) in any form or media or by any means (except to the extent expressly permitted under this agreement); or
  2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software in the digital content; or
  3. access all or any part of the digital content and services in order to build a product or service which competes with the digital content and/or services; or
  4. you shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the services or digital content that:
    • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    • acilitates illegal activity;
    • depicts sexually explicit images;
    • promotes unlawful violence;
    • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
    • is otherwise illegal or causes damage or injury to any person or property;
    • and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause.
  5. Reproduce the uploaded digital content or any part of it thereof in any format other than printing the digital content for internal business purposes;
  6. Sell the uploaded digital content or any information contained in the digital content; or
  7. Undertake advertising of the uploaded digital content or any information contained in the digital content.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the services and/or digital content and, in the event of any such unauthorised access or use, promptly notify us.

Packages for License

Megabiz.io offers two types of licenses for its digital content and services namely the Commercial license and the Reseller license.

By purchasing any of these licenses you shall be entitled to certain perks and benefits such as eligibility to the celebrity club and a discounted subscription fees to the celebrity club. As a member of the celebrity club, you are entitled to have access to all video templates in the Megarray Media Corp video library.

However, if you are not a member of the celebrity club, you may not have access to some of the templates for the videos shown on megabiz.io. Access to these videos depends on the type of license purchased. Both the commercial and the reseller license allows you access to the number of videos per month as defined in your subscription level.

Availability

Megarray Media Corp shall employ every means technically possible to make megabiz.io available for use at all times. Notwithstanding, Megarray Media Corp cannot guarantee availability of megabiz.io for 24 hours in a day and 7 days in a week. Consequently, Megarray Media Corp will schedule planned maintenance of the site at times to cause minimal disruption to users. But unplanned maintenance and matters beyond the control of Megarray Media Corp means we cannot guarantee availability and accept no liability for megabiz.io services being unavailable.

Price and Payment

The price of the digital content and services will be as quoted on megabiz.io from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. It is always possible that, despite our best efforts, some of the digital content and services listed on megabiz.io may be incorrectly priced. We will normally verify prices as part of our supply procedures so that, where a digital content correct price is less than our stated price, we will charge the lower amount. If the correct price of digital content is higher than the price stated on megabiz.io we will normally, at our discretion, either contact you for instructions before dispatching the digital content or reject your order and notify you accordingly. We are under no obligation to provide digital contents to you at an incorrect (lower) price, even after we have sent you an Order Confirmation.

Payment for a monthly or an annual subscription to megabiz.io and all digital content and services must be made by the credit or debit cards listed on megabiz.io from time to time.

Waiver

If we fail, at any time during the term of these Terms, to insist upon strict performance of any of your obligations under the agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

  • A waiver by us of any default will not constitute a waiver of any subsequent default.
  • No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Our Right to Vary These Terms

We have the right to revise and amend these terms from time to time. You will be subject to the Privacy policy, Cookie policy, Website terms of use, Acceptable Use Policy and these Terms in force at the time that you order digital contents and services from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the digital contents).

Personal Information

Your personal information shall be used in accordance with our Privacy Policy.

Indemnification

You shall indemnify Megarray Media Corp or its affiliates and their respective officers, directors, employees and agents from and against any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your use of any created digital content.

Miscellaneous

Entire Agreement: Megarray Media Corp may assign this Agreement in whole or in part, by operation of law, merger, re-organization, asset or stock sale or transfer.

Assignment: Megarray Media Corp may assign this Agreement in whole or in part, by operation of law, merger, re-organization, asset or stock sale or transfer.

Force Majeure: Megarray Media Corp’s performance under these Terms is subject to force majeure.

Severability: If any of these Terms or any provisions of the agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Notices: All notices given hereunder shall be given by mail, return receipt requested or overnight courier or e-mail to the respective addresses set forth herein, and shall be deemed given upon actual delivery thereof

Jurisdiction and Applicable law: This Agreement, and any disputes between Users and Megarray Media Corp relating to this Terms, shall be governed by and construed in accordance with the laws of United States and all parties shall consent to the jurisdiction of the courts in Delaware.

Termination

You can terminate the agreement at any time before the completion of the subscription period of products or services and for any reason. Where Megarray Media Corp is not in breach of any of these Terms and you choose to terminate the agreement, Megarray Media Corp shall be entitled to compensation.

Your agreement for the purchase of goods is complete when Megarray Media Corp’s digital content is downloaded or streamed by you for consideration in the form of payment. And your agreement for the provision of services is complete when Megarray Media Corp has provided its services to you for consideration in the form of fees.

Having difficulties with the digital content?

If you are facing any difficulty or challenge with your digital content or services or you are unsure of the content of these terms or you are in need of clarifications or you have further questions pertaining to these terms, you can tell us about it by sending us an email at [email protected] and we shall be glad to assist you or resolve your problem or answer your questions or provide you with clarifications.