Terms of service

Terms of use
October 1, 2023
1. Introduction

Applicable Terms. Thanks for using Megastore. Megastore is a service provided by VAS Acquico Limited ("VAS ACQUICO", "we" or "us"), located at 22A Guinness Road, Ogba-Ikeja, Lagos, Lagos State, Federal Republic of Nigeria. Your use of Megastore and the apps, games, music, movies, books, magazines, or other digital content or services (referred to as "Content") available through it is subject to these Megastore Terms of Service (referred to as the "Terms"). Megastore is a "Service" as described in this agreement.

2. Your Use of Megastore

2.1 Access to and Use of Content.

2.1.1You may use Megastore to browse, locate, view, stream, or download Content for your mobile, computer, tv, watch, or other supported device ("Device").

2.1.2 To use Megastore, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software.

2.1.3 The availability of Content and features will vary between countries and not all Content or features may be available in your country.

2.1.4Content may be offered by Megastore or made available by third-parties not affiliated with Megastore.

2.1.5Megastore is not responsible for and does not endorse any Content made available through Megastore that originates from a source other than Megastore.

2.2 Age Restrictions.

2.2.1In order to use Megastore, you must have a valid Megastore account (Megastore Account), subject to the following the required age restrictions. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use Megastore and to accept the Terms.

2.2.2You must comply with any additional age restrictions that might apply for the use of specific Content or features on Megastore.

2 2.3 Third-Party Fees.

2.3.1You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Megastore.

2.4 Updates.

2.4.1Megastore, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Such Updates may be necessary in order for you to use Megastore or to access, download, or use Content.

2.4.2 By agreeing to these Terms and using Megastore, you agree to receive such Updates automatically.

2.4.3 If another app store attempts to update Content that was initially purchased from Megastore, you may receive a warning or such updates may be prevented entirely.

2.5 Information about You.

2.5.1 Megastore"s privacy policies explain how we treat your personal data and protect your privacy when using Megastore. Megastore may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you.

2.5.2 Providers agree to use this information in accordance with their privacy policies.

2.6 Unauthorized Access to Accounts.

2.6.1 You must keep your account details secure and must not share them with anyone else.

2.6.2 You must not collect or harvest any personal data of any user of Megastore or of any user of other Megastore Services via Megastore, including account names.

2.7 Disabled Accounts.

2.7.1 If Megastore disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Megastore, your account details or any files or other Content that is stored with your account.

2.8 Malware protection.

2.8.1 To protect you against malicious third party software, URLs, and other security issues, Megastore may receive information about your Device"s network connections, potentially harmful URLs.

2.8.2 Megastore may warn you if it considers an app or URL to be unsafe.

2.9 Changes to these Terms.

2.9.1 If the Terms change, you will be given at least 30 days notice, and the new Terms will be effective after such notice period.

2.9.2 Your continued use of Megastore following such notice period will indicate your acceptance of the new Terms.

2.9.3 The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent purchases.

2.9.4 If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased and terminate your use of the Megastore.

2.9.4 If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased and terminate your use of the Megastore.

2.9.5 You may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

3. Purchases and Payments.

3.1 Free Content

3.1.1 Megastore may allow you to download, view or use Content free of charge on Megastore.

3.1.2 Additional limitations may apply to your access and use of certain free Content.

3.2 Purchase of Content.

3.2.1 When you buy Content on or using Megastore you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be either:

3.2.1.1 Megastore LLC; or

3.2.1.2 provider of the Content (the "Provider"), including where Megastore LLC is acting as an agent for the Provider.

3.2.2 The separate sale contract is in addition to these Terms.

3.2.3 For sales where Megastore is acting as an agent for the Provider, the statement, in the Megastore ToS, that the Megastore ToS "do not create any third party beneficiary rights", does not apply to your use of Megastore.

3.2.4 Your contract for the purchase and use of Content is completed once you receive the message from Megastore confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

3.5 Megastore Payments.

3.5.1 In order to purchase Content through Megastore, you must have a Megastore Payments account and agree to the Megastore Payments Terms of Service.

3.5.2 The Megastore Payments Privacy Notice applies whenever you purchase Content using Megastore Payments.

3.5.3 You are responsible for all amounts payable associated with purchases made through Megastore on your Megastore Payments account.

3.6 Other Payment Processing Methods.

3.6.1 Megastore may make available to you various payment processing methods in addition to Megastore Payments to facilitate the purchase of Content through Megastore.

3.6.2 You must abide by any relevant terms and conditions or other legal agreement, whether with Megastore or a third party, that governs your use of a given payment processing method.

3.6.3 Megastore may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Megastore.

3.7 Eligibility for Carrier Billing.

3.7.1 In order to determine your eligibility to have purchases of Content that you make through your Devices billed to your network provider"s account, when you create a Megastore account, we will send identifiers of your Device, e.g., subscriber ID and SIM card serial number, to your network provider.

3.7.2 To permit this you will need to accept the network provider"s terms of service.

3.7.3 The network provider may send us your billing address information. We will hold and use this information in accordance with Megastore"s Privacy Policies and Megastore Payments Privacy Notice.

3.8 Pricing.

3.8.1 Pricing and availability of all Content displayed through Megastore are subject to change at any time prior to purchase.

3.9 Taxes.

3.9.1 "Taxes" means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest.

3.9.2 You are responsible for any Taxes and must pay for Content without any reduction for Taxes.

3.9.3 If the seller of Content or Megastore is obligated to collect or pay Taxes, the Taxes will be charged to you.

3.9.4 You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Megastore or the purchase of Content on or through Megastore.

3.10 All Sales Final.

3.10.1 See Megastore"s Refund Policy for more information about your rights to withdraw, cancel, or return purchases for a refund.

3.10.2 Except as expressly set out in Megastore"s Refund Policies or the refund policies of the Provider, all sales are final, and no returns, replacements or refunds are permitted.

3.10.3 If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.

3.11 Subscriptions.

3.11.1 Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period.

3.11.2 Trials Periods.

3.11.2.1 When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription.

3.11.2.2 To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges unless otherwise specified.

3.11.2.3 Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.

3.11.2 Cancellations.

3.11.2.1 You may cancel a subscription at any time before the end of the applicable billing period as described in the Help Center, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month.

3.11.2.2 You will not receive a refund for the current billing period, except as otherwise provided in Megastore"s Refund Policy (for example where Content is defective).

3.11.3 Price Changes.

3.11.3.1 When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Megastore will notify you.

3.11.3.2 The increase will apply to the next payment due from you after the notice, provided that you have been given notice before the charge is made.

3.11.3.3 If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period.

3.11.3.4 Where the Provider increases the price of a subscription and consent is required, Megastore may cancel your subscription unless you agree to the new price.

3.11.3.5 If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

4. Rights and Restrictions

4.1 License to Use Content.

4.1.1 After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only.

4.1.2 All rights, title and interest in Megastore and Content not expressly granted to you in the Terms are reserved.

4.1.3 Your use of apps and games may be governed by the additional terms and conditions of the end user license agreement between you and the Provider.

4.2 Violation of License Terms.

4.2.1 If you violate any of the Terms, your rights under this license will immediately terminate, and Megastore may terminate your access to Megastore, the Content or your Megastore Account without refund to you.

4.2.1.1 Restrictions: You may not:

4.2.1.1.1 display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.

4.2.1.1.2 sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Megastore except as specifically permitted and only in the exact manner provided.

4.2.1.1.3 use Megastore or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.

4.2.1.1.4 use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.

4.2.1.1.5 attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Megastore.

4.2.1.1.6 remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Megastore, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

4.3 Third-Party Provisions. 4.3.1Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to Megastore are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content.

4.3.2 For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

4.5 Defective Content.

4.5.1 Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Provider as soon as reasonably possible if you find any errors or defect. See the Megastore Refund Policy for more information.

4.6 Removal or Unavailability of Content.

4.6.1 Subject to the Terms, Content that you purchase or install will be available to you through Megastore for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Megastore has the right to make such Content available to you.

4.6.2 In certain cases (for example if Megastore loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Megastore may cease providing you with access to certain Content that you have purchased. For Content sold by Megastore, you may be given notice of any such removal or cessation, when possible.

4.6.3 If you are not able to download a copy of the Content before such removal or cessation, Megastore may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If Megastore issues you a refund, the refund shall be your sole remedy.

4.7 Dangerous Activities.

4.7.1 None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.

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