Restoring Old Account
This website is operated by Megalogue. Throughout this agreement, the terms “we”, “us” and “our” refer to Megalogue. The use of this website, including all information, tools and services available from this site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated within this agreement.
By using our website you engage in our “service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site including non-business (basic) users, business users and/or any contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By registering an account or using any part of the services we provide, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services.
SECTION 1 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - USE OF THIRD-PARTY LINKS
A) Basic User – This part of section one applies to users registered as non-business (basic) users. Please see below for the part dedicated to our business users. In this part of section one, the terms “you” and “your” refers to our non-business (basic) users.
As a non-business (basic) user on Megalogue, you are able to browse products listed by our registered business users. As Megalogue does not own any of the uploaded products provided by our business users, nor do we control or provide the actual sale of said product, we are in no way responsible or liable for the content you may see or choose to purchase throughout our website.
Megalogue offers a platform for businesses to advertise their products and to direct you to the point of sale (if applicable). Business user’s themselves take full responsibility for all the information they choose to attach to any product they upload and it is entirely up the registered business itself to ensure all information provided is accurate. While Megalogue offers the ability for its registered businesses to verify themselves, marking them as a trusted seller, you must still take all means necessary to ensure the uploader of any given product is in fact a reputable seller.
The transition from Megalogue to an outside source to complete the purchase of a particular product involves you following a product’s link to a third party website. Megalogue takes no responsibility and is in no way liable for the third-party source of a listed product, the completion of the sale of said product or the inaccuracy of descripted contents regarding said product. All liability falls under the registered business itself and/or the third-party website and any action taken by you to follow a link to a third-party website as a means of purchasing said product is done so by your own discretion.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We are however susceptible to feedback, as we are constantly looking to improve your experience when using our website. By accepting both positive and negative feedback in regards to any of our registered businesses, we are able to make arrangements to ensure your use of our service is consistent and enjoyable.
B) Business User – This part of section one applies to users registered as business users. Please see above for the part dedicated to our basic (non-business) users. In this part of section one, the terms “you” and “your” refers to our business users.
As a business user on Megalogue you are able to upload products which are then visible to everyone registered to our website, both non-business (basic) users and business users. As Megalogue does not own any of the content you upload to our website, you are liable for the material you post and for the sources you provide when determining a point of sale.
It is your responsibility to ensure the information you post regarding a particular product is accurate and in no way misleading. By uploading a product onto our website you agree to the Terms and Conditions set out in Section Three, regarding the uploading of products. Please refer to that section for more information.
As we do not provide or control the sale of your products, it is your responsibility to ensure the third party source/s you list as your point of sale are accurate and not misleading in any way, shape or form. By using our service you agree to the following conditions when listing sources for your point of sale:
Third-party websites you provide must not contain viruses, malware, Trojans or any other malicious code that may affect the functionality of Megalogue or a user’s device.
SECTION 4 - PAYMENT TERMS & BILLING INFORMATION
This section refers to the conditions set out by Megalogue in regards to the purchase of optional benefits and features when using our service and the accuracy of billing information provided by our users. In this section the terms “you” and “your” refer to registered business users.
Megalogue offers registered business users the option to pay for additional benefits such as purchasing extra product bumps and highlighting uploaded products. We reserve the right to refuse any purchase you make directly with Megalogue at any time for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
You agree to provide current, complete and accurate purchase and account information for all purchases made directly to Megalogue. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
SECTION 5 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers or availability.
We are neither responsible nor liable for the content provided by our registered users. Our registered users are solely accountable for the information and/or products they upload to our website and it remains their responsibility to ensure all information provided is accurate, complete and if necessary, updated in a timely manner.
If you have any concerns about a particular product or business listed on our website, you may direct your inquiries to the business itself, or alternatively, to our support staff at email@example.com.
SECTION 6 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND/OR PRICES
Prices for our paid features are subject to change at any time without notice.
However, special promotions may take place where pricing of certain features are adjusted for a set period of time, in which case a notification will be sent to users informing them of the upcoming event.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to your or to any third-party for any modification, price change, suspension or discontinuation of the Service (or any part or content thereof).
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may limit or disable the service for dedicated maintenance periods if necessary.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Megalogue, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lose profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions on any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by the law.
SECTION 9: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Megalogue and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by the reference, or your violation of any law or the rights of a third-party.
SECTION 10: SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall be nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 12: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 13: GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Melbourne, Victoria, Australia.
SECTION 14: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time by visiting this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 15: CONTACT INFORMATION
Questions or inquiries about the Terms and Conditions should be sent to us at firstname.lastname@example.org
By providing your ABN you are ensuring Megalogue that you are a legitimate business, this helps to protect against fraudulent registrations. We will not disclose your ABN to anyone, this information is used for verification purposes only.