Customer Agreement

GENERAL PROVISIONS
  • 1.1
    The MegaPush Company (hereinafter: “MegaPush”) offers advertisers (hereinafter: “Partners”) its advertising services on the terms and conditions established in this User Agreement (hereinafter: 'Agreement', 'PS'). The Agreement enters into force from the moment the User expresses his consent to its terms in the manner provided for in § 1.8 of this Agreement.
  • 1.2
    Partner - any individual, advertiser, who has reached the age of majority and/or by virtue of age has the right to conclude treaties/agreements, in accordance with the laws of the country, citizen of which is natural person, who is registered on the Megapu.sh website, use the Advertising Network to conduct advertising campaigns and is fully responsible for all results of using the services of the Service.
  • 1.3
    End User – any natural user who browses and uses the Advertising/Partner material.
  • 1.4
    Partner material – the material(s) provided by the partner regarding the object(s) of advertising with full information about it (them).
  • 1.5
    Traffic – a certain number of End Users whom the Partner’s Advertisement is shown.
  • 1.6
    Service – a software-hardware complex that provides an advertising platform that allows placing Partner materials and making them available to End-Users.
  • 1.7
    Terms of MegaPush – before commencing work, the Partner is obliged to familiarize himself with all the clauses of this Agreement and rules (refer to clause 1.8). Having passed the registration process and procedure the User is considered to have accepted the terms of the Agreement and the Rules in full, without any reservations or exceptions. In case of disagreement of the Partner with any of the provisions of the Agreement, the Partner shall not be entitled to use the services of MegaPush. In the event, that MegaPush has made any changes to the Agreement in the manner provided for in clause 1.8 of the Agreement, with which the User does not agree, he must stop using the services of MegaPush.
  • 1.8
    The use of MegaPush is governed by the present Agreement and the Service Rules (Rules: https://megapu.sh/?a=rules).
The agreement can be changed by MegaPush without any special notifications, the new version of the Agreement comes into force from the moment of its posting on the Internet at the address indicated in this clause, unless otherwise provided for in the new edition of the Agreement. The current version of the CSA is always on the following page: https://megapu.sh/?a=termUse
SUBJECT OF THE PRESENT AGREEMENT

Prohibited materials

  • 2.1
    This User Agreement is intended to regulate the relationship between the all employees of MegaPush (the 'Service') on the one hand, an advertiser hereinafter referred to as the 'Partner' on the other hand, and persons hereinafter referred to as 'End Users' as third parties. Jointly referred to as the 'Parties'.
  • 2.2
    The final acceptance of the terms of this Agreement and the conclusion of the Agreement on the terms of this offer is recognized:
  • 2.2.1
    The passage of the registration procedure on the Service by the Partner and consent to the provisions and Rules (see clause 1.8) specified in this Agreement.
  • 2.2.2
    The fact of launching an advertising campaign through the Service provided by MegaPush.
RIGHTS AND OBLIGATIONS OF THE PARTIES
  • 3.1
    The Service is obliged:
    • 3.1.1
      From the moment of adoption of the provisions of this Agreement, ensure the fulfillment of all obligations in full before the Partner in accordance with the terms and conditions stipulated in this Agreement and the Rules. Failure to perform direct and indirect responsibilities of the Service may occur in the event of unforeseen, extraordinary, force majeure circumstances (details in clause 5.2.1)
    • 3.1.2
      Ensure and provide the Partner with, including, but are not limited to: the account, to ensure the creation of advertising, as well as making changes in it.
  • 3.2
    The Service has the right:
    • 3.2.1
      Unilaterally make changes to this Agreement in respect of all the provisions of this Agreement, including but not limited to: the price and scope of the Service, by placing the specified changes on the website of MegaPush.
    • 3.2.2
      All changes to this Agreement shall enter into force in accordance with the clause 1.8 of this Agreement.
    • 3.2.3
      Block/delete any accounts of Partners, created in the Service with violation of or in contrary to the terms of this Agreement and / or the Rules.
  • 3.3
    The Partner undertakes:
    • 3.3.1
      Before the acceptance of the provisions of this Agreement, to familiarize with its content and the content of the Rules.
    • 3.3.2
      Bare full responsibility for the material provided by the Partner, which is necessary for the provision of services by the Service in accordance with the rules and conditions of this Agreement.
    • 3.3.3
      Provide complete and truthful contact information about himself.
    • 3.3.4
      Do not violate the terms of the advertising grid.
    • 3.3.5
      In case of complaints and claims from authors, right holders and other third parties regarding the violation of the use of copyright and related rights that apply to the Partner material, the Partner who posted such material undertakes to resolve such issues by himself and at his own expense.
PROVISION OF SERVICES OF THE SERVICE
  • 4.1
    Services of the company MegaPush are the provision of the advertising platform to the Partner, through which the Partner displays the advertisement to the End-User.
  • 4.2
    Services provided by MegaPush include, but are not limited to:
    • 4.2.1
      Advertisements carried out through Push notifications.
  • 4.3
    Due to ongoing improvements in the system, the types of services may be subject to changes, about which the Partner will be notified by the operator of technical support of the company or by e-mail.
Responsibilities of the parties
  • 5.1
    We create all conditions for the maintenance of the company MegaPush in due course, without the occurrence of errors and in safety, however each partner interacts with the company MegaPush at its own risk. MegaPush provides its services 'as is', without express or implied warranties, including, but not limited to, implied warranties of working conditions, fitness for a particular purposes and non-infringement. We do not guarantee full safety or security of the company MegaPush. We also do not guarantee that MegaPush will always function without the occurrence of disturbances, delays or imperfections. MegaPush does not take responsibility for certain actions, content, information or data of third parties and Partners release us, our directors, employees, officers and agents from all kinds of claims and damages, including known and unknown, arising out of or in any way connected with any claim you have against any such third parties. MegaPush will not be liable to the partners for any lost profits or other indirect, incidental, special or consequential damages arising out of or in connection with this statement or activities of MegaPush or in connection with them, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above-mentioned limitation or exclusion may not apply to you, in such cases, MegaPush’s liability will be limited to the fullest extent permitted by the applicable law.
  • 5.2
    Service is not responsible for:
    • 5.2.1
      Financial or any other damage incurred by the Partner and/or the End User as a result of the occurrence and operation of force-majeure circumstances. Force majeure means: earthquakes, floods, fires and other natural disasters, wars (or military actions), strikes, civil unrest, military coups and other circumstances beyond the control of the Service.
    • 5.2.2
      Financial or any other damage incurred by the Partner and/or the End User, arising directly or indirectly from the use of the Partner Material and/or provided by the Services. The service does not scan files for computer viruses and other software capable of damaging the Partner's computer and/or the End User and is not responsible for receiving such files from the sources provided by the Service.
    • 5.2.3
      Complaints of any nature coming from End-users and from other persons.5.2.4. blocking and malfunctioning Extensions.
    • 5.2.4
      Blocking and malfunctioning Advertising and advertising platform.
    • 5.2.5
      The content, reliability and quality of Third Party material created through the Service and does not guarantee that the material provided will meet the expectations of the End User.
    • 5.2.6
      Showing adult traffic and/or advertising of shocking nature on the traffic of the Partner, on sites not corresponding to this category, redirecting or placing promotional products.
    • 5.2.7
      Profitability of converting the traffic provided by the service.
    • 5.2.8
      Total loss or reduction of the amount of traffic of the Partner or End User.
    • 5.2.9
      Providing false information, services and any content that may later mislead the End User. Example: an advertising and commercial product that does not correspond to reality and / or can cause any harm to the End-User.
  • 5.3
    The Partner's liability in case of revealing the facts of violation of the Terms and Conditions of this Agreement, at the discretion of the Service Administration of MegaPush:
    • 5.3.1
      a warning letter to the Partner's e-mail address;
    • 5.3.2
      fine/penalty
    • 5.3.3
      blocking the Partner's account with resetting all Partner statistics with the subsequent removal of the account.
    • 5.3.4
      transfer of information about the Partner to law-enforcement agencies.
TERM, TERMINATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTES
  • 6.1
    The term of this Agreement is determined by the term of its presence on the website of the Service.
  • 6.2
    This Agreement may be terminated by the agreement of the parties.
  • 6.3
    Each of the parties has the right to terminate the agreement unilaterally ahead of schedule, by notifying the other party by e-mail 30 (thirty) days before the expected date of termination of the Agreement.
  • 6.4
    The Service has all the powers to terminate the Agreement unilaterally with Partners who violate the terms of this Agreement and the Rules.
  • 6.5
    All disputes and disagreements that may arise between the Service and the Partner that will not be resolved based on this Agreement shall be settled through negotiations. If it is impossible to resolve these disputes through negotiations, they will be resolved by the Arbitration Court of the Republic of Armenia, in accordance with the current legislation of the Republic of Armenia.
  • 6.6
    In order to resolve technical issues in determining the fault of the Partner as a result of his unlawful actions, in any way: violation of the Rules and / or other terms of this Agreement, Service reserves the right to independently involve competent authorities and organizations as experts.
  • 6.7
    The claim procedure for resolving disputes is mandatory. The deadline for response to a claim is set within 20 (twenty) days from the date it has been received by e-mail:
  • 6.8
    The Service does not participate in any possible disagreements and disputes (including judicial ones) between the Partner and the End User.
  • Name of the company: Cash Makers Limited Partnership.
  • Address: Suite 1, 4 Queen Street, Edinburgh, EH2 1 JE, Scotlad, UK
  • Tell: ‎+447520615673