Terms and conditions

Welcome to MEGAPAY by BACKEND SOLUTIONS AND TECHNOLOGIES, INC.. Please read these TERMS AND CONDITIONS (T&Cs) prior to completing the registration for an account with MEGAPAY. The following T&Cs shall govern the terms under which you may access and use the products of MEGAPAY App and the services associated with it. By registering or using the MEGAPAY App, you accept and agree to be legally bound by the T&Cs. Please also read the Privacy Policy of MEGAPAY and Acceptable Use Policy before you use any portion of the MEGAPAY App. The Privacy Policy describes how your personal data is collected and processed when you use the MEGAPAY App. The Acceptable Use Policy defines the set of rules that you should comply with when using the MEGAPAY App. If you do not understand or do not wish to be bound by the T&Cs or Privacy Policy, you should not access or use any portion of the MEGAPAY App.

 

These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.

 

MEGAPAY reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the MEGAPAY App after any changes have been made, you signify your agreement on a prospective basis to the modified T&Cs and all the changes. Be sure to turn to this page periodically to ensure familiarity with most current version of the T&Cs.

 

Any version of these T&Cs in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

 

Under these T&Cs, the terms “MEGAPAY”, “we”, “us”, and “our” refer to BACKEND SOLUTIONS AND TECHNOLOGIES, Inc. together with its employees, directors, affiliates, successor and assigns.

 

1. 1. OUR RELATIONSHIP WITH YOU. 1.1 MEGAPAY primarily is a service designed for dispensing prepaid card loads, Over-The-Air (OTA), and other prepaid products. Secondly, it has an online-based information management system enabling a Virtual Office Facility or commonly called as MOBILE APP. MEGAPAY (the "SERVICE") permits authorized subscribers to send /or use of the MOBILE APP. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction.

 

1.2 Your Privacy. Protecting your privacy is very important to MEGAPAY. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

1.3 Privacy of Others; Marketing. If you receive information about another user through MEGAPAY Services, you must keep the information confidential and only use it in connection with MEGAPAY Services. You may not disclose or distribute a user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.

 

1.4 Intellectual Property. “MEGAPAY” and all logos related to MEGAPAY Services are either trademarks, or registered marks of BACKEND SOLUTIONS AND TECHNOLOGIES, INC. or its licensors.

 

1.5 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access MEGAPAY services. You are responsible for keeping your email address up to date in your Account Profile.

 

1.6 Notices to You. You agree that MEGAPAY may provide you with communications about your Account and MEGAPAY services electronically.

 

1.7 Notices to MEGAPAY. We prefer receiving notices to MEGAPAY electronically through our support system at support@megapay.com.ph. Paper notifications can also be sent to BACKEND SOLUTIONS AND TECHNOLOGIES, INC. See our contact page for our mailing address.

 

2. YOUR REGISTRATION OBLIGATIONS

 

2.1 When you accept these T&Cs, you are setting up your MEGAPAY account that is associated with your mobile number. To be eligible to use MEGAPAY services, you must be at least 18 years old. For minors, you shall provide a consent form duly completed by your parent/legal guardian along with your and their identification documents. Depending on the specific MEGAPAY Service that you are availing, you will be asked to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, photo of yourself and signature in accordance with the requirements of Know-Your-Customer (“KYC”) requirements of the BSP. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.

 

2.2 You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification. The information you provide will be used to determine if you are eligible to begin and/or continue to use your MEGAPAY Service. We reserve the right to close, suspend or limit your access to your MEGAPAY Service in the event that we are unable to obtain or verify our information. All collection and use of your personal data by us is subject to the Privacy Policy of MEGAPAY.

 

2.3 You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. In addition, as certain MEGAPAY Services may become available or be offered only on selective basis or promotional basis, supplementary information may be required from your end in order to enable the relevant MEGAPAY Services or avail of the MEGAPAY Service

 

3. MEGAPAY PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://MEGAPAY/policy.html.

 

4. SECURITY

You will receive a one-time-pin (OTP) upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the OTP, and are fully responsible for all activities that occur your account. You agree to (a) immediately notify MEGAPAY of any unauthorized use of your account or any other breach of security, and (b) ensure that you or your designated service operator/s exit from the account at the end of each session. MEGAPAY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

5. MEMBER CONDUCT 

You understand that all information processed, including data, text messages and/or other related communications ("Content"), whether publicly posted elsewhere or privately transmitted via MEGAPAY, are the sole responsibility of the person from which such Content originated. This means that you and not MEGAPAY are entirely responsible for the content of all messages that you originate, send or transmit in response to messages received via the Service. MEGAPAY does not control all of the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MEGAPAY, or any of it's product providers, be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, for any loss or damage of any kind incurred as a result of the use of any Content received or transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

 

a. transmit, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

b. harm minors in any way;

 

c. impersonate any person or entity, including, but not limited to, a MEGAPAY administrator, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

 

e. transmit, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

f. transmit, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

 

g. transmit, post or otherwise make available any unsolicited or unauthorized "junk messages," "spam," "chain letters/messages," "pyramid schemes," or any other form of solicitation, except as specifically authorized by the MEGAPAY administrator;

 

h. transmit, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time message exchanges;

 

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

 

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Philippine Government, any rules of any national or other securities exchange, including, without limitation the Philippine Stock Exchange and any regulations having the force of law;

 

l. "stalk" or otherwise harass another Service user; or

m. sell or distribute in any way, personal information about other Service users.

 

You acknowledge that MEGAPAY does not pre-screen Content, but that MEGAPAY and its designees shall have the right (but not the obligation) in their sole discretion to refuse to deliver or to remove or screen any Content that is transmitted via the Service. Without limiting the foregoing, MEGAPAY and its designees shall have the right to remove any Content that violates the TOU or is otherwise considered objectionable by the MEGAPAY administrator. You agree that you must evaluate, and bear all risks associated with, the transmission of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

You acknowledge and agree that MEGAPAY may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MEGAPAY, its users and the public.

 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Philippines or the country in which you reside.

 

7. INDEMNITY

You agree to indemnify and hold MEGAPAY, and its telecommunications providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that you or any of your designated service operators originate, send or transmit in response to messages received via the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

 

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including the user database information, use of the Service, or access to the Service.

 

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MEGAPAY may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account using the Service, the maximum size of any message that may be sent from or received by an account using the Service, the maximum disk space that will be allotted on MEGAPAY's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

 

You agree that MEGAPAY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MEGAPAY reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MEGAPAY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

10. MODIFICATIONS TO SERVICE

MEGAPAY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MEGAPAY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

11. TERMINATION

You agree that MEGAPAY, in its sole discretion, may terminate your PIK/password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MEGAPAY believes that you have violated or acted inconsistently with the letter or spirit of the TOU.

 

MEGAPAY may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that MEGAPAY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MEGAPAY shall not be liable to you or any third-party for any termination of your access to the Service.

 

12. DEALINGS WITH ADVERTISERS

You acknowledge that your participation in promotions using MEGAPAY, including the delivery of advertising or related content, and any other terms, conditions, warranties or representations associated with such promotions, are solely between you and such advertiser. You agree that MEGAPAY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such promotions or advertising on the Service.

 

13. MEGAPAY's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (collectively "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MEGAPAY or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 

MEGAPAY grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a maximum of two (2) computers; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MEGAPAY for use in accessing the Service.

 

14. RESTRICTIONS ON USERS WITH ADMINISTRATOR RIGHTS

You acknowledge and agree that the Administrator Rights (“Rights”) granted to you by MEGAPAY is not an unbridled one for the use of the Service, but is subject to limitations as set forth in this section.

 

As a condition of your use of the Virtual Office Facility with said Rights, you will not use the Service for any purpose that is unlawful or prohibited as stipulated in the above terms and conditions. You may not use the facility in any manner that could damage, disable, overburden, or impair any MEGAPAY programs (or the network(s) connected to and hosting MEGAPAY) or interfere with any other party's use and enjoyment of any MEGAPAY facilities.

 

You may not attempt to gain unauthorized access to any MEGAPAY facilities, other accounts, computer systems or networks connected to and hosting any MEGAPAY, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service, even if the same can be accessed with your Rights. The grant of these Rights to you does not vest ownership or a carta blanche license to use the Service.

 

MEGAPAY shall prosecute to the full extent of the law any and all users with such Rights who would be found violating the aforementioned limitations.

 

MEGAPAY reserves the right to change the terms and conditions under which the Service is operated by users with Rights, without notice to you.

 

The Rights granted under this section can be unilaterally revoked and/or modified by MEGAPAY at anytime, for whatever reasons, without prior notice.

 

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEGAPAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

b. MEGAPAY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A BY PRODUCT OF THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEGAPAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

 

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEGAPAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEGAPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

 

18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is emphasized. These Services are provided for informational purposes only, and no Content transmitted as part of the Service is intended for trading or investing purposes. MEGAPAY and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

 

19. NOTICE

Notices to you may be made via telephone, email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the login page of the Service.

 

20. TRADEMARK INFORMATION

MEGAPAY, the MEGAPAY logo, and service marks, and other MEGAPAY logos and product and service names are trademarks of BACKEND SOLUTIONS AND TECHNOLOGIES, INC., (the "MEGAPAY Marks"). Without MEGAPAY's prior permission, you agree not to display or use in any manner, the MEGAPAY marks.

 

21. GENERAL INFORMATION

The TOU constitute the entire agreement between you and MEGAPAY and governs your use of the Service, superceding any prior agreements between you and MEGAPAY. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and MEGAPAY shall be governed by the laws of the Philippines, without regard to its conflict of laws provisions.

 

You and MEGAPAY agree to submit to the exclusive jurisdiction of the courts located within Makati City, Philippines. The failure of MEGAPAY to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The section titles in the TOU are for convenience only and have no legal or contractual effect.

 

22. VIOLATIONS

Please report any violations of the TOU to the MEGAPAY administrator by telephone at (632) 277-0078.

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