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Customer Agreement

To build a long-term and mutually beneficial cooperation, MegaPush strongly recommends You to read carefully its Rules and Customer Agreement, before joining it. The current Customer Agreement is a contract between You and Megapush Advertising Network. Take into account that any clause and/or provision of the current Agreement may be amended without additional notice.

GENERAL PROVISIONS

  • 1.1
    MegaPush Company (hereinafter - MegaPush) offers its advertisers (hereinafter – Partners) its Services under the conditions set forth in the current User Agreement (hereinafter - Agreement, CA). The current Agreement enters into force as soon as the User expresses his consent to its terms, given in the clause 1.8 of the current Agreement.
  • 1.2
    Partner - any individual, registered on www.megapu.sh, who has attained the age of capacity (legal age) and/or by virtue of his/her age has the right to enter into legally enforceable contracts/ agreements in accordance with the legislation of the country of which he/she is a national or citizen.
  • 1.3
    End User – any individual, who browses and makes use of any Advertising/Partner material.
  • 1.4
    Partner material – material(s) provided by a Partner, regarding the advertised object(s) and its (their) respective information.
  • 1.5
    Traffic – a certain number of End Users to whom the Partner’s Advertisement materials are displayed.
  • 1.6
    Service – a software-hardware complex that provides an advertising platform, where the Partner’s materials are posted, and makes them available to the End Users.
  • 1.7
    Terms of MegaPush – before using the network, the Partner is obliged to get acquainted with the terms of the current Agreement and the Rules (refer to the clause 1.8). Having passed the registration procedure, the User is considered to have fully agreed to the terms of the Agreement and the Rules, without any reservations or exceptions. In case, the Partner does not agree to any of the provisions of the current Agreement, the Partner shall not be entitled to use the services of MegaPush. Moreover, if MegaPush has made any changes to the Agreement, as specified in clause 1.8 of the current Agreement, which the User does not agree to, he/she must immediately stop using the services of MegaPush.
  • 1.8
    The use of MegaPush is governed by the current Agreement and the Rules of the Service (“Rules”). (Rules)
The Agreement and The Rules may be amended by MegaPush without any special notice. The modified Agreement is effective immediately upon posting on the Internet at the address specified in this paragraph, unless stated otherwise in the new Agreement. The current version of the CSA is always set forth on the following page: https://megapu.sh/?a=termUse

The SUBJECT MATTER OF THE AGREEMENT

Prohibited materials

  • 2.1
    The Current User Agreement aims to regulate the partnership among all the MegaPush staff (hereinafter - MegaPush) on the first part, advertisers (hereinafter – Partner) on the second part, and individuals (hereinafter - End Users) on the third part (collectively – Parties).
  • 2.2
    As complete acceptance of the terms of the current Agreement and conclusion of the Agreement based on the terms of the current offer, are considered:
  • 2.2.1
    The Partner’s registration on the Service and his/her consent to the provisions and the Rules (see the clause 1.8), specified in the current Agreement.
  • 2.2.2
    The fact of the launch of an advertising campaign through the Service, provided by MegaPush.

RIGHTS AND OBLIGATIONS OF THE PARTIES

  • 3.1
    Megapush is obliged to:
    • 3.1.1
      Ensure the complete fulfillment of all of its obligations towards Partners in accordance with the terms and conditions stipulated in the current Agreement and in the Rules, as soon as the provisions of the current Agreement are accepted. MegaPush might fail to carry out its direct and indirect responsibilities because of unexpected, extraordinary, and force majeure circumstances (for details, see the clause 5.2.1).
    • 3.1.2
      Provide the Partner with an account (including, but not limited to that) for posting and editing advertising materials, and protect it.
  • 3.2
    Megapush has the right to:
    • 3.2.1
      Carry out unilateral modifications in the current Agreement regarding all its provisions, including, but not limited to the price and the volume of the services, provided by Megapush, publishing those amendments on the website of the company.
    • 3.2.2
      All the amendments applied to the current Agreement shall enter into force in accordance with the clause 1.8 of the current Agreement.
    • 3.2.3
      Block/delete any account of any Partner, created on the Service, which violates or is in contravention of the terms of the current Agreement and/or the Rules.
  • 3.3
    The Partner is obliged to:
    • 3.3.1
      Get acquainted with the content of the current Agreement and the Rules, before accepting their provisions
    • 3.3.2
      Bear full responsibility for the material posted on Partner’s account provided by Megapush, in accordance with the rules and conditions of the current Agreement.
    • 3.3.3
      Provide complete and valid contact information about himself/herself.
    • 3.3.4
      Do not violate Megapush’s Rules and Customer Agreement.
    • 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 spread at the Partner material, the Partner who posted such material undertakes to resolve such issues independently and at his/her own expense.

PROVISION OF THE SERVICES

  • 4.1
    MegaPush provides the Partner with Services, through which the Partner displays the Partner material to the End User, using the push notifications.
  • 4.2
    Services provided by MegaPush include, but are not limited to:
    • 4.2.1
      User account provisioning, for posting and editing ad materials on the Service.
  • 4.3
    Due to continual service improvements on Megapush, the types of provided services may be subject to changes, which The partner will be notified of via email.

RESPONSIBILITIES OF THE PARTIES

  • 5.1
    We create all the conditions for holding the MegaPush’s Service in due course, without any occurrence of errors and in safety; however, each Partner cooperates with the Service at his/her own risk. MegaPush provides its services “as is”, without any warranties, express or implied, including but not limited to implied warranties of satisfactory conditions of the Service, fitness for a particular purposes and non infringement. We do not guarantee the full safety or security of the Service. We, also, do not guarantee that the Service provided by MegaPush will always function free of disruptions, delays or malfunctions. MegaPush does not bear responsibility for certain actions, content, information or third-party data. Partners release us, our directors, employees, officials and agents of all kinds of claims and material damage, which may arise out of any claim, you have against such third-parties, and/or are simply related to that claim. MegaPush will not be liable for any partnership losses of profit or any other indirect, incidental, specific damages, as well as consequential damages, which may arise as a result of the current statement or of the activities of MegaPush, or as a direct response to them, even in the case of our awareness of the possibility of such damages/losses. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Consequently, the above-mentioned limitation or exclusion may not apply to You. In such cases, MegaPush’s liability will be limited to the fullest extent permissible by applicable law.
  • 5.2
    Service is not responsible for:
    • 5.2.1
      Financial or any other damage caused by the Partner and/or the End User as a result of occurrence of force-majeure circumstances. Force majeure refers to earthquakes, floods, fires and other natural disasters, wars (or military actions), strikes, civil strife, military coups and other circumstances beyond the control of MegaPush.
    • 5.2.2
      Financial or any other damage caused by the Partner and/or the End User, resulting, directly or indirectly, from the use of the Partner Material and/or the Services, provided by the company. The Service does not scan files for computer viruses and other software, capable of damaging the Partner's and/or the End User’s computer, and is not responsible for receiving such files from the sources provided by the Service.
    • 5.2.3
      Complaints of any kind, received from End-users or third-parties.
    • 5.2.4
      Blocking and malfunctioning/failures of Advertising materials and Advertising platform.
    • 5.2.5
      The content and quality of Partner material, as well as the accuracy of the information of the advertising materials, posted through the Service and does not guarantee that the provided content will meet the expectations of the End User.
    • 5.2.6
      Display of adult orientated traffic and/or shocking advertisements by Partners on websites which do not fall into that category, as well as for redirect or alteration of the ad content
    • 5.2.7
      Cost-effectiveness of the use of the service provided by the company.
    • 5.2.8
      Theft and/or loss of Partner’s, as well as End User’s personal data
    • 5.2.9
      Publication, through services, of spurious information and any content that may eventually mislead the End User. For example: an advertising and commercial product which does not correspond to reality and/or may cause any harm to the End User.
  • 5.3
    In case of evidences of violations of the Terms and Conditions of the current Agreement, The Partner's liability will be at the discretion of MegaPush’s Service Administration. The following actions may take place:
    • 5.3.1
      A warning letter sent to the Partner's e-mail address;
    • 5.3.2
      Fine/penalty
    • 5.3.3
      Blocking of Partner's account, reset of Partner’s statistical data, with further removal of his/her account.
    • 5.3.4
      Transfer of information about the Partner to law enforcement agencies.

VALIDITY PERIOD, CONTRACT TERMINATION AND SETTLEMENT OF DISPUTES

  • 6.1
    The Validity period of the current Agreement is determined by the amount of time it was published on the website of the Service.
  • 6.2
    The current Agreement may be terminated by agreement of the parties.
  • 6.3
    Each of the parties shall be entitled to unilaterally terminate the current Agreement ahead of time, notifying the other party about it via email, 30 (thirty) days before the expected date of termination of the Agreement.
  • 6.4
    The Service has the full authority to unilaterally terminate the Agreement with Partners who violate the terms of the current Agreement and the Rules.
  • 6.5
    All disputes and disagreements which may arise between the Service and the Partner that cannot be resolved based on the current Agreement, shall be settled by negotiations. If it is impossible to resolve these disputes and disagreements through negotiations, they will be adjudicated 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 the technical issues, MegaPush reserves the right to independently involve competent authorities and organizations as subject-matter experts, while measuring the Partner’s liability for damages as a result of his/her unlawful/illegal actions, in any form/way (violation of the Rules and/or the Terms and Conditions of the current Agreement).
  • 6.7
    Having a claim order for settling disputes is mandatory. The feedback on the claim is set to be sent within 20 (twenty) days from the date it has been received via email: [email protected]
  • 6.8
    The Service does not participate in any possible disagreements and disputes (including judicial ones) that may arise between the Partner and the End User, as well as between the Partner and the third-parties
  • Name of the company: AND Solutions LLC.
  • Address: Poti Free Industrial Zone, Smart office, 4400, Poti, Georgia
  • Tell: ‎+995596060022

This document is a translation of User Agreement for MegaPush Services in English. In case of conflict between the Russian version of User Agreement for MegaPush Services and this translation - only the Russian version of User Agreement for MegaPush Services is legally binding.