TERMS AND CONDITIONS OF USE
These terms and conditions (“Terms”) govern the following:
- Your use of the MegaChain websites (https://megachain.com and https://app.megachain.net) (the “Website”);
- Your use of the MegaChain mobile apps (named “MegaChain” in Apple App Store and Google Play Store) (the “App”);
- This Website and App, among other things, provides a general purpose influence tracking and reward service (collectively, “Services”);
- Your use of any other written or other materials displayed or made available through the Website, including, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, “Content”); and
- Any products acquired via the Website or App (whether made or distributed by MegaChain) (“Products”).
Your access and use of the Website or App constitutes your acceptance of these Terms, and so you should review them carefully. If you do not agree with any of these Terms, then you cannot use the Website or any Services, Content or Products.
The Website is operated by, and the App is published by MegaChain Inc. (“MC”). The mailing address for MegaChain Inc. is 5066 Kingsway – Suite 205, Burnaby BC V5H 2E7. In these Terms, the terms “we”, “our” and “us” refer to MC.
Modifications and Updates to These Terms
We reserve the right to update or modify (collectively “change”) these Terms (including those documents that are incorporated into these Terms by reference) from time to time without prior notice to you. Your use of the Website and App following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review these Terms (and all documents incorporated into these Terms by reference) whenever you visit the Website or use the App.
Use of Services
You agree to use the Services only for lawful purposes. You must only use the Services or any part of them for your own internal business purposes.
The Content is protected by copyright law and is owned by MC, its licensors and/or the party accredited as the provider of the Content, as are all trademark, copyright, patent, and other intellectual property rights relating to or arising from the Content. Except as expressly permitted by these Terms, you cannot use any Content or any Course, including any modification, distribution or republication of the Website or App or of any Content or Course, in whole or in part, without our express written permission.
You must not photograph, copy or otherwise reproduce any Content and you cannot make a video or audio recordings of any Content.
Subject to these Terms, MC grants you a limited, non-transferable and non-exclusive license (a) to access, view and use the Website and App for your personal, non-commercial use, and (b) to download, store and print single copies of items forming part of the Content for your own internal business purposes, provided that you must preserve all copyright and other notices contained in that Content.
Except as expressly provided above, you may not copy, download, reproduce, modify, publish, distribute, transmit, rent, lend, share, translate, communicate, transfer or create derivative works from the Content or any Course, without first obtaining our express written permission. We will enforce our rights to the fullest extent of the law should you breach any of these Terms.
You must not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Content. You must not, directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website or App.
You must not take any action that places a disproportionately large load on the infrastructure of the Website or App.
If you violate any provision of these Terms, then your permission to use the Content or Course, as applicable, automatically terminates and you must immediately destroy any copies you have made of any Content and all Course materials. In addition to any other rights or remedies available to us and without any liability, in our sole discretion, we may terminate or restrict your access to any component of the Website or App at any time and without notice.
MC and all other company names, brand names, trademarks, and logos are the property of their respective owners. Nothing contained on the Website or in the App should be construed as granting, by implication or otherwise, any license or right to use any trademarks, except with the express written permission of MC or the trademark owners, as applicable.
The Website or App may contain links to other websites or applications. These links are provided solely as a convenience to you and the inclusion of a link does not mean, or imply, that we endorse or have investigated or verified the linked website or application, or any information contained on the linked website or application.
No reference to any organization, company or individual, whether on this Website or App or on other websites or applications linked from this Website or App, implies any approval or warranty by MC as to the standing or capability of any such organization, company or individual.
Any comments or materials (“Submissions”) that you send to us will be treated as non-confidential unless otherwise agreed in writing between you and MC. You hereby grant MC a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license (a) to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute and display your Submissions for any purpose, and (b) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) waive all moral rights that you have in any Submissions in favour of MC, (ii) consent to your name, address and e-mail appearing as the contributor of your Submissions, where applicable, and to the disclosure and display of such information and any other information that appears in or is associated with your Submissions, (iii) acknowledge and agree that we are not responsible for any loss, damage or corruption that may occur to your Submissions, and (iv) acknowledge and agree that your Submissions will be non-confidential.
Errors and Inaccuracies; Corrections
We have attempted to provide accurate and timely information on the Website and in the App, but cannot guarantee, and do not warrant, that this information is free from defect. The information on the Website and in the App is intended as a guide only. The information on the Website and in the App may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice or liability to you.
Disclaimer; Limitation on Liability
All Content and Services are provided “as is”, “where is”, “as available”, and without any representation, or warranty or condition. Except as otherwise provided in any written materials accompanying our Products, all Products are provided “as is”, “where is”, “as available”, and without any representation, warranty or condition. We make no representation, warranty or condition regarding any third party Services, Content or Products distributed by us.
The information presented on this Website, in the App and in our Content and Services is not a substitute for obtaining actual training in the proper use of the Products, processes, and techniques described on the Website, in the App and in Content and Services from certified instructors.
It is your responsibility to ensure that combinations or compilations of Products are fit for the purpose and appropriate for their intended use. You must comply with all applicable rules and regulations and with all use specifications and other MC or vendor requirements provided with the Products, on this Website, in the App, in any Content or on labels or packaging, and these Terms, before making use of or allowing use by a third party. The information on this Website or in the App and in any Content or Course must not be used in place of either common sense or the exercise of good judgment.
TO THE FULLEST EXTENT PERMITTED BY LAW, MC AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE APP, THE SERVICES, THE CONTENT, AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the information on the Website, in the App or in any Content or Course is accurate, complete, reliable, useful, timely or current or that the Website or App will operate without interruption or error. We are not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting communications. We assume no responsibility, and are not be liable for, any damages to your computer equipment or other property on account of your access to, use of, or browsing on the Website, use of the App, or your downloading of any Content. We make no representation that the Services or any Content provided on the Website are applicable or appropriate for use outside of Canada, and accessing the Website or App, acquiring any Course, Content or Product from territories where it is illegal or unlawful to do so is prohibited. If you choose to access the Website or App or acquire any Course, Content or Product from locations outside of Canada, then you do so on your own initiative and are responsible for compliance with all applicable laws.
Limitation of Liability
Your use of this Website and App is at your own risk. Under no circumstances will MC or its affiliates, or any of our or their directors, officers, employees or agents, be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Website or App, your reliance on any Services or Content, your use of any Products or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the previous paragraph, if for any reason we or any of our affiliates are found liable for any loss or damage that arises out of or is in any way connected to your use of (or inability to use) the Website, the App, any Course, any Content or any Product, then our total aggregate liability under such circumstances will not exceed $1,000 (one thousand dollars) (Canadian funds), in the aggregate for all claims.
As to any Services, Content or Products supplied or provided by third parties, MC’s liability will not, in the aggregate, exceed the amount equal to the monies actually paid to MC by you (excluding any refund provided to you) for those Services, Products, and Content. Otherwise, your exclusive recourse and remedies will be to the third party. These limitations of liability are in addition to the other limitations of liability set out in these Terms.
If you are dissatisfied with the Website, the App, any Course or Content or with these Terms, then your sole and exclusive remedy is to discontinue using the Website, the App and the Course and the Content.
You will indemnify and hold harmless MC, its affiliates, and its and their respective officers, directors, employees, agents, and distributors from and against any and all claims, demands, liabilities, costs, and expenses, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from (a) your breach of any of your promises, representations or warranties set out in these Terms; (b) your access to or use of this Website or App or any site to which this Website or App is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of any Content, Course or Product; or (c) your violation of any applicable law.
These Terms and your use of the Website or App will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Therefore, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this Section is found to be unenforceable, then the unenforceable provision will be severed, and the remaining terms of this Section will be enforced.
The location of the arbitration will be in Vancouver, Canada. If you are an individual, then the arbitration will be governed by the Arbitration Act(British Columbia). If you are not an individual, then the arbitration will be governed by the Commercial Arbitration Act (British Columbia). The arbitrator will be selected and the arbitration conducted in accordance with the British Columbia Domestic Arbitration Rules (“Rules”), except that the provisions of this Section will prevail over the Rules. The parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. The arbitrator must decide the dispute in accordance with the laws of the province of British Columbia. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
Notwithstanding the procedure set out above in this Section, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, the App or any Content, Services or Products, or intellectual property infringement, without first engaging in the dispute resolution process described above.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved using the dispute resolution process set out above. Arbitration procedures are typically more limited, more efficient and less costly than the rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and MC in any court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MC IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a judge. For all disputes that will be resolved by a judge, you consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia, including the Federal Court of Canada, Vancouver Registry.
These Terms are severable. If any provision of these Terms is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
These Terms, together with those documents incorporated or referred to in these Terms, constitute the entire agreement between you and MC relating to your use of the Website, the App, any Services, any Content and any Products, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of MC to modify these Terms in writing, or by MC making such amendments or modifications available to you pursuant to a modification of these Terms as expressly permitted by these Terms.