Terms & Conditions

Effective Date: November 11, 2019

General Terms & Conditions

PLEASE READ CAREFULLY THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms”) AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN CARTMEGA AND YOU (“you” or “user”). CARTMEGA IS A PROPRIETARY WEBSITE WHICH WE OWN AND OPERATE, LOCATED AT cartmega.com. BY USING THE WEBSITE AND THE INTERNET AND APPLICATION SERVICES (the “Services”) ACCESSED THROUGH CARTMEGA (collectively, the “Website”), YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY FOUND [HERE] (AS AMENDED FROM TIME TO TIME), ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OR ANY PART OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE WEBSITE. THESE TERMS, WITHOUT MODIFICATION, APPLY TO ALL USERS AND VISITORS TO THE WEBSITE.

Introduction:

These Terms of Use, together with the CARTMEGA Privacy Policy, ("Privacy Policy"), form a binding legal agreement between You and CARTMEGA (the "Agreement") that describes the Terms and conditions under which CARTMEGA agrees to make available to You the Website and the Services and which govern your use of the Website and the Services provided to You.

The Website is intended for use by persons who are at least 18 years old. By using the Website and by agreeing to these Terms of use, You represent and warrant that You are at least 18 years old.

Our Website uses cookies. By using the Website and by agreeing to these Terms of use, You consent to our use of cookies in accordance with the Terms of our Privacy Policy.

Purpose of the Website

The purpose of the Website is to provide You with information about CARTMEGA, our business, products, stores, activities and campaigns that we support.
Please note that if You access any of our other on-line web stores or web pages around the world, other or additional Terms may apply (e.g. relating to the sale and delivery of goods).

Availability of the Website

CARTMEGA has taken every measure possible in the preparation of the Website to ensure its availability to its visitors. However, we cannot guarantee uninterrupted access to the Website at all times as certain technical matters may be beyond our control.

Information on the Website

The information on the Website has been provided in good faith for general informational purposes only and should not be relied upon for any specific purpose. You should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Website.

CARTMEGA makes no representation and gives no warranty as to its accuracy or completeness. It is your responsibility to verify any information contained in the Website before relying upon it.

Product and service availability

Any reference to any product or service on the Website does not constitute an offer by CARTMEGA to sell or supply that product or service. Furthermore, depending on the country where CARTMEGA is operating in, any such reference may differ in name or description to the actual product or service or may even be unavailable.

Copyright notice:

Unless otherwise stated, CARTMEGA or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.

Licence to use the Website:

Licence to copy for personal use: You may view, download for caching purposes only, and print pages from the Website for Your own personal use, of so much of the Website as is reasonable for private purposes and for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of use.
Licence to recopy for limited purposes:
You may recopy the material to individual third parties for their personal information and personal use only, but only if:
- You acknowledge the source of the material as being the Website of CARTMEGA, by prominently displaying the top-level URL of our Website (e.g. https://cartmega.com/) in the copy of the material; and
- You inform the third party that these conditions apply to them also and that they must comply with these conditions.

Under no circumstances are You authorised to:

republish material from the Website (including republication on another Website);
sell, rent or sub-license material from the Website;
show any material from the Website in public;
reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
edit or otherwise modify any material on the Website;
access the Services in order to build a similar or competitive service;
interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Website or the Services, or violate the regulations, policies, or procedures of such networks;
access (or attempt to access) any of the Services by means other than through the interface that is provided
remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Website or the Services.
redistribute material from the Website, except for content specifically and expressly made available for redistribution (such as our newsletter).

No part of the Website of CARTMEGA may be reproduced or transmitted to or stored in any other website or other form of electronic retrieval system.

CARTMEGA reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice.

You agree that CARTMEGA will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

Acceptable use:

Use of our Website by You must be in compliance with all applicable laws and regulations. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of its availability or accessibility.
You are fully responsible for the content of Your communications and You warrant and undertake to us that any materials or communications originated or sent by You through our service is not:

defamatory, offensive, indecent or of an obscene or menacing nature;
likely to cause disturbance, harassment, annoyance, inconvenience or anxiety to any person;
likely to breach any copyright or confidentiality or privacy or other intellectual property of any person;
fraudulent or connected in any way with the committal or possible committal of a criminal offence;
material of a racial or sexually discriminatory nature;
"spam" mail;
material that contains a mail bomb, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious/disruptive computer software;
in breach of these Terms and conditions of use.

We will not be liable to You for any loss, corruption or damage to Your Communications or Your Material.

Except as expressly permitted by these Terms and conditions:

You may not carry out any data collection activities including, without limitation, data harvesting, scraping, data mining and data extraction on or in relation to our Website.
You may not copy, download, extract, transmit, display, adapt, alter, re-utilise, create derivative works from any of the contents of the Website for any purpose including, without limitation, to reproduce, redistribute, republish, cache, provide access to third parties or mirror.
You may not use our Website for any marketing purposes without our express written consent.
You may not transmit or send unsolicited communications via our Website.

Third-Party Content

The Website may give You the ability to access content, such as music or video services, television or other material, controlled or provided by third parties ("Third-Party Content").
You understand and acknowledge that:

Third-Party Content remains the property of the applicable third parties, who have the sole right to determine your rights to use such content;
CARTMEGA is not responsible for, and has no editorial control over, any Third-Party Content, and does not sponsor or endorse any such content;
CARTMEGA has no control over the distribution of Third-Party Content.
CARTMEGA will have no liability to You or to any third parties, related to or arising out of to any Third-Party Content;
Unauthorized copying or distribution of copyrighted or trademarks may constitute an infringement of the copyright or trademark holders' intellectual property rights;
CARTMEGA reserves the right to terminate your right to access and use the Website or Services and delete your account if CARTMEGA believes in good faith that You have used the Website or Services to infringe upon the intellectual property rights of others.

Restricted access

If You wish to use certain of the facilities provided by the Website, You will be required to register (“Registered Account”). If You do not register then facilities including order history, returns, affiliate services, subscriptions and credit notes will not be available to You.

Upon registration, You confirm and warrant that all the information supplied by You is, in all respects, true, complete and accurate. You agree to maintain and keep your details up-to-date and You must ensure that your password is kept confidential.
If CARTMEGA has reason to believe that there has been or is likely to be a breach of security or misuse of the service, CARTMEGA may change your password and notify You accordingly.

You are solely and fully responsible for any activity on our Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. If You become aware of any unauthorised use of your account or password, You must notify us in writing immediately.
Your account includes provisions for You to change your password and registration details as well as a password reminder service.

Ending the Service

These Terms will remain in full force and effect so long as You continue to use or access the Website and/or the Services, or until terminated in accordance with the provisions of this Section. You may terminate your account and your right to use the Services for any reason, at any time.
At any time CARTMEGA may suspend or terminate your access to and/or use of part or all of our Services, without notice or explanation, if CARTMEGA in good faith and without limitation believes that:

You have broken any provision of these Terms and conditions.
You have provided false information on registration or that You have failed to notify us of any changes to this information.
Your Registered Account is being used in a manner prohibited in the Terms and conditions of use policy. Any delay on our part in acting on a breach of these Terms and conditions will not be regarded as a waiver of the breach.

Your content: licence:

In these Terms of use, "your content" means any material (including, without limitation, text, images, audio material, video material and audio-visual material) that You submit to our Website, for whatever purpose.
You warrant and represent that Your Content:

Will comply with these Terms of use.
Will not infringe or violate someone else's rights or otherwise violate the law.
Will not give rise to legal action whether against You or us or a third party.
Will not be the subject of any threatened or actual legal proceedings or other similar complaint.
Will not contain anyone's identification documents or sensitive financial information.

You grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use reproduce, adapt, publish, translate and distribute any of Your Content in any media. You also grant to us the right to bring an action for infringement of these rights.
We do not undertake to monitor the submission or publication of any such content on our Website and we reserve the right to edit or remove any content or information You post on our Website if we believe that it violates these Terms of use. If You repeatedly violate these Terms of use, we reserve the right to suspend or disable your account when appropriate.

Limited warranties:

The Website and the Services are provided for your convenience, on an "as is" and "as available" basis, without warranty of any kind. To the maximum extent permitted by applicable law, CARTMEGA and its licensors and suppliers exclude all representations, warranties and conditions, whether express or implied, relating to the Website and the use of the Website, including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill, accuracy, and non-infringement.
CARTMEGA and its licensors and suppliers make no warranty that the Website or the Services:

will meet your requirements;
will be compatible with your computer or mobile device;
will be available on an uninterrupted, timely, secure, or error-free basis; or
will be accurate, complete, up to date, reliable or that defects will be corrected;
will be free of viruses or other harmful components. You assume the entire risk with respect to your use of the Website or Services.

No advice or information, whether oral or written, obtained by You from CARTMEGA, any dealer or through the Website or the Services shall create any warranty with respect to the Website or the Services.
Furthermore, CARTMEGA makes no warranties, express or implied, with respect to any professional services performed by any CARTMEGA dealers.

Limitations and exclusions of liability:

Nothing in these Terms of use:

limits or excludes our or your liability for death or personal injury resulting from negligence;
limits or excludes our or your liability for fraud or fraudulent misrepresentation;
limits any of our or your liabilities in any way that is not permitted under applicable law; or
excludes any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of use:

are subject to the preceding paragraph; and
govern all liabilities arising under these Terms of use or in relation to the subject matter of these Terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Website and the information and Services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable for any damages or business losses including without limitation, special, indirect or consequential damages, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, howsoever arising out of your use of the Website.
We will not be liable to You in respect of any loss or corruption of any data, database or software.
We are not responsible for any other website to which this Website is linked and do not accept liability for any information or advice given on such websites.
We will not be liable for any failure to perform any of our obligations under these Terms and conditions or for any losses arising out of any event or events caused by matters beyond our reasonable control.

Indemnity

You shall indemnify and hold CARTMEGA and its officers, directors, employees, consultants, agents, and other representatives, harmless from all losses, damages, liabilities, costs and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) in connection with any and all suits, claims, actions, proceedings, damages, demands, injuries, liabilities, losses, costs and expenses by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards or any breach by You of any provision of these Terms of use, resulting from the use of this Website or Services by You. This clause shall survive termination of this agreement for any reason whatsoever.

Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms of use, in the event that You breach any of these Terms of use in any way, we may take appropriate measures as we deem fit, including:

suspending your access to the Website,
prohibiting You from accessing the Website,
blocking computers using your IP address from accessing the Website,
contacting your internet service provider to request that they block your access to the Website and/or
bringing court proceedings against You.

Privacy of personal information

We may use your personal information as described in our Privacy Policy. You confirm and warrant that any personal information disclosed by You in public areas of the Service is at your own risk and may be used by others.

External links

From time to time and for your own convenience we may provide links to other websites. If You decide to access linked third party websites You acknowledge that You do so at your own risk. We do not endorse or take responsibility for the content of those websites. We are not responsible for the availability of those websites and You acknowledge that CARTMEGA will not be liable in any way for any loss or damage which You may suffer by using those websites.

Variation

We reserve the right to amend these Terms without notice to You from time to time. Any such amendment shall be effective from the date of publication of the revised Terms of use on our Website. However such a change will not impact any usage of this Website prior to any change.
It's your responsibility to check whether the Terms and conditions have been revised. Your use of this Website after the date on which we post the revised Terms and conditions shall be deemed to constitute your acceptance of the revised Terms and conditions.
If You do not agree to be bound by these Terms and conditions You must stop using the Website immediately.

Matters beyond our reasonable control

We will not be liable for any disruption/termination of our Services that may be caused because of matters beyond our reasonable control (whether or not involving our employees), such as technical failure, lightning, flood, severe weather, fire or explosion, civil disorder, war or military operations, natural or local emergency, government (or other competent authority) action or industrial disputes of any kind.

Exclusion of third party rights

These Terms of use are not intended to benefit any third party or be enforceable by any third party. These Terms of use are for the benefit of You and us, and the exercise of our and your rights in relation to these Terms of use is not subject to the consent of any third party.

Governing Law and Jurisdiction

This Agreement and any claims arising hereunder will be governed by the laws of the Republic of Cyprus, and any disputes in relation to these Terms of use will be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.

Miscellaneous

These Terms of use, together with our Privacy Policy, represents the entire agreement between You and CARTMEGA with respect to your use, and the provision by CARTMEGA, of the Website and the Services, and its Terms supersede and replace any previous written or oral agreements by CARTMEGA or its representatives, dealers, or resellers in respect of your use of our Website.

If any term or other provision of these Terms of use is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.

The official text of this Agreement or notice submitted hereunder shall be in English. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language, and this Agreement will not be construed against the drafting party. You may not amend this Agreement except in a writing signed by CARTMEGA.

We reserve the right to transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of use without obtaining your consent or notifying You. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of use.

Failure by CARTMEGA to enforce any of the terms of the Terms and conditions of this Agreement shall not constitute a waiver or relinquishment of the right of CARTMEGA to do so at any time.

All trademarks, logos, trade names and service marks ("Marks") displayed on the Website or the Services are the property of CARTMEGA or of their respective holders.

You are not permitted to use any of the Marks without the applicable prior written consent of CARTMEGA or such respective holders.

CARTMEGA reserves the right to alter products and services, offerings, specifications and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

Addendum to General Terms and Conditions - Digital Goods

Addendum to General Terms and Conditions - Non-Digital Goods

Contact

If You have any questions about these Terms and Conditions or to report any abuse, please contact us.

Last updated: November 11, 2019