Effective: 01.05.2025
Greeting from Megarom
We welcome you to Megarom.co.za (hereinafter “Platform,” “Digital Space,” “our environment,” “we,” or “our team”). Accessing or engaging with our Platform signifies your consent to these Usage Terms & Conditions (“Conditions”), our Privacy Framework, and our Cookie Management Protocol, which collectively establish a binding arrangement between yourself and Megarom.
We urge comprehensive examination of these Conditions before exploring our Platform. Should any aspect of these Conditions prove unacceptable, kindly abstain from accessing or utilising our Platform or digital offerings.
1. Condition Acceptance
1.1 By exploring or engaging with our Platform, you confirm either attaining 18 years of age, or being minimally 13 years old with custodial approval to commit to these Conditions. When representing a business entity on the Platform, you guarantee possessing requisite authority to bind said entity to these Conditions.
1.2 We preserve the prerogative to adapt, refine, or modify these Conditions at our discretion. Substantial modifications will be communicated through refreshed Conditions publication with an updated “Effective” timestamp. Ongoing Platform interaction following alterations confirms your endorsement of the refreshed Conditions.
1.3 Periodic assessment of these Conditions remains your responsibility to ensure awareness of revisions. Rejection of updated Conditions necessitates immediate Platform disengagement.
2. Digital Identity
2.1 Account Establishment: Specific Platform functionalities may necessitate digital identity creation. During enrollment, you undertake to furnish accurate, current, and thorough particulars, committing to update this information as needed to maintain validity.
2.2 Account Safeguarding: You assume complete accountability for preserving your account credential confidentiality, including usernames and access codes. You pledge prompt alerting regarding unauthorized account infiltration or security breaches.
2.3 Account Deactivation: We maintain absolute authority to interrupt or terminate your account, without advance notification, for behaviour deemed contrary to these Conditions, prejudicial to fellow users, ourselves, or external entities, or for any legitimate rationale.
2.4 Age Verification Protocols: Individuals under 13 years are prohibited from account establishment. Users aged 13-18 must secure guardian endorsement before account formation.
3. Digital Etiquette
3.1 Forbidden Activities: While navigating our Platform, you commit to avoiding:
- Infringement of pertinent statutes, directives, or third-party entitlements
- Sharing, disseminating, or circulating content categorised as unlawful, injurious, intimidating, antagonistic, defamatory, distasteful, inappropriate, intrusive, or otherwise objectionable
- Impersonating individuals or organisations or falsely indicating affiliation
- Participating in endeavours that impede or compromise Platform performance or linked infrastructure
- Attempting unauthorised penetration of secured Platform segments or connected frameworks
- Employing the Platform to gather or archive personal information without explicit approval
- Utilising the Platform for entrepreneurial initiatives without prior documented consent
- Implementing automated mechanisms to harvest Platform data (information extraction)
- Circumventing, neutralising, or interfering with Platform security architecture
3.2 User-Contributed Materials: Where our Platform enables contribution, submission, or sharing of content (“User Contributions”), you retain proprietorship while extending us worldwide, non-exclusive, royalty-absent, sub-licensable, and transferrable authorisation to utilise, replicate, circulate, develop derivative creations from, showcase, and employ your User Contributions in conjunction with Platform operations and commercial endeavours.
3.3 Material Guidelines: All User Contributions must conform to these Conditions. We retain the privilege, without obligation, to oversee, evaluate, and eliminate any User Contributions determined, at our exclusive discretion, to contravene these Conditions or emerge otherwise unsuitable.
4. Creativity & Innovation Protection
4.1 Proprietary Assets: The Platform and its comprehensive contents, functionalities, and capabilities (encompassing without restriction all information, software applications, textual elements, visual elements, auditory components, and the design, curation, and arrangement thereof) belong to Megarom, its licensors, or alternative material providers and enjoy protection under South African and international copyright, trademark, patent, trade secret, and supplementary intellectual property or proprietary rights frameworks.
4.2 Utilisation Permission: We extend limited, non-exclusive, non-transferable, and revocable authorisation to access and employ the Platform for individual, non-commercial objectives. This authorisation remains contingent upon adherence to these Conditions.
4.3 Constraints: You are forbidden from:
- Modifying, duplicating, disseminating, broadcasting, exhibiting, executing, reproducing, publishing, licensing, crafting derivative works from, transferring, or commercialising any information, software applications, products, or services obtained through the Platform without our prior documented authorisation
- Utilising any illustrations, photographic material, video or audio sequences, or visual elements independently from accompanying narrative content
- Removing or altering any copyright, trademark, or supplementary proprietary notifications integrated within the Platform
- Accessing or employing for commercial intentions any segment of the Platform or associated services or resources available through the Platform
4.4 Brand Recognition Advisory: Megarom, the Megarom visual identity, and all associated nomenclature, visual markers, product and service designations, aesthetic elements, and slogans constitute trademarks of Megarom or its affiliates or licensors. Utilisation of such markers without our prior documented authorisation remains prohibited.
5. External Resources & Connections
5.1 Third-Party Resources: The Platform may present or incorporate content from external entities, including promotional materials, interactive previews, user assessments, and connections to third-party digital environments or utilities. We neither control, endorse, nor assume responsibility for external content and bear no accountability for its accessibility or precision.
5.2 Digital Pathway Connections: The Platform may feature connections to third-party digital environments or resources. These pathways serve exclusively as conveniences and do not imply endorsement, assurance, or accountability for the substance of such external digital environments. We exercise no jurisdiction over these environments or resources and accept no liability for them or for any detriment stemming from your interaction with them.
5.3 Commercial Partnership Connections: Certain connections on our Platform may constitute “commercial partnership connections.” This indicates potential commission acquisition should you select the connection and secure the item. We disclose commercial relationships as mandated by regulatory frameworks.
6. User Insights & Recommendations
6.1 Discretionary Submissions: Any concepts, suggestions, documentation, or proposals (“Insights”) voluntarily submitted to us are entirely non-confidential and non-proprietary. We reserve entitlement to employ and disclose (or decline to employ or disclose) such Insights for any objective, through any methodology, globally.
6.2 Entitlement Transference: By submitting Insights, you assign to us all universal rights, title, and interests in all copyrights and supplementary intellectual property entitlements within the Insights.
6.3 Remuneration Absence: We incur no obligation to provide compensation for Insights nor to acknowledge attribution for the Insights.
7. Service Provision Disclaimers
7.1 THE PLATFORM IS FURNISHED ON A “CURRENT AVAILABILITY” AND “EXISTING CONDITION” BASIS, DEVOID OF ASSURANCES OF ANY CLASSIFICATION, EITHER EXPRESS OR IMPLIED.
7.2 TO THE UTMOST EXTENT PERMISSIBLE BY LAW, MEGAROM HEREBY DISCLAIMS ALL ASSURANCES OF ANY CLASSIFICATION, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY ASSURANCES OF MERCHANTABILITY, NON-VIOLATION, AND SUITABILITY FOR PARTICULAR OBJECTIVE.
7.3 THE PRECEDING DOES NOT IMPACT ANY ASSURANCES THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER APPLICABLE LEGISLATION.
8. Accountability Limitations
8.1 TO THE UTMOST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES WILL MEGAROM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY CLASSIFICATION, UNDER ANY LEGAL THEORY, ARISING FROM OR CONNECTED WITH YOUR ENGAGEMENT WITH, OR INABILITY TO ENGAGE WITH, THE PLATFORM, ANY WEBSITES LINKED THERETO, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS, BUSINESS INTERRUPTION, DIMINISHED PROFITS, DATA COMPROMISE, REPUTATIONAL HARM, OR OTHER LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE.
8.2 THE PRECEDING DOES NOT IMPACT ANY LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER APPLICABLE LEGISLATION.
9. Protective Indemnification
9.1 You agree to shield, indemnify, and safeguard Megarom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any allegations, liabilities, damages, adjudications, awards, losses, expenses, or fees (including reasonable legal representation expenses) stemming from or related to your contravention of these Conditions or your utilisation of the Platform, including, but not limited to, your User Contributions, any employment of the Platform’s content, services, and products other than as explicitly authorised in these Conditions, or your employment of any information procured from the Platform.
10. Governing Framework & Jurisdiction
10.1 These Conditions and any dispute or allegation arising from or connected with them or their subject matter or creation (including non-contractual disputes or allegations) shall be governed by and interpreted in accordance with the legal framework of the Republic of South Africa, without implementing any choice or conflict of law provision or directive.
10.2 Any judicial proceedings, action, or undertaking arising from, or related to, these Conditions or the Platform shall be instituted exclusively within the courts of the Republic of South Africa, although we preserve the right to initiate any proceedings, action, or undertaking against you for contravention of these Conditions in your domicile nation or any other pertinent territory.
11. Conflict Resolution Framework
11.1 Informal Dialogue: Prior to initiating a formal claim against Megarom, you agree to pursue informal conflict resolution by communicating with us at resolution@megarom.co.za. We shall endeavour to address the conflict informally through electronic correspondence. Should a conflict remain unaddressed within 30 days following initial communication, either you or Megarom may proceed with formal judicial proceedings.
11.2 Arbitration Mechanism: Should informal dialogue prove insufficient, all conflicts arising under or relating to these Conditions shall be resolved through binding arbitration, except that either party may seek injunctive relief through judicial channels to halt unauthorised usage or misappropriation of the Platform or intellectual property violation.
11.3 Collective Action Waiver: ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY CONFLICT IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MEGAROM WILL PURSUE CONFLICT RESOLUTION AS A COLLECTIVE ACTION OR IN ANY OTHER PROCEEDING WHERE EITHER PARTY FUNCTIONS OR PROPOSES TO FUNCTION IN A REPRESENTATIVE CAPACITY.
11.4 30-Day Exclusion Option: You possess the right to decline participation and avoid commitment to the arbitration and collective action waiver provisions by dispatching written notification of your decision to opt out to exclusion@megarom.co.za within 30 days following initial acknowledgement of these Conditions.
12. Geographical Constraints
12.1 Megarom conducts operations from South Africa. We make no assertions regarding Platform accessibility or appropriateness beyond South African borders. Platform access may be deemed unlawful for certain individuals or within certain territories.
12.2 Accessing the Platform from beyond South African borders occurs at your own initiative and responsibility for compliance with local legislative requirements.
13. Service Discontinuation
13.1 We may terminate or suspend your access to all or portions of the Platform, without notification, for any behaviour that we, in our exclusive discretion, deem violates these Conditions or proves detrimental to other users, ourselves, or external entities, or for any other justification.
13.2 Upon termination, your authorisation to utilise the Platform will immediately cease, and all provisions of these Conditions that inherently should endure termination shall persist, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and liability limitations.
14. Creative Rights Violation Notification
14.1 Should you believe material accessible on our Platform infringes upon your creative rights, kindly alert us by furnishing a comprehensive notification. Your notification must incorporate:
- An electronic or physical signature of the creative rights proprietor or the individual authorised to function on the proprietor’s behalf
- A description of the protected creation alleged to have been infringed
- A description of the location within our Platform where the allegedly infringing material resides
- Your contact particulars including postal address, telephonic number, and electronic mail address
- A declaration of your good faith belief that the contested usage remains unauthorised by the creative rights proprietor, its representative, or legislation
- A declaration, made under penalty of perjury, that the aforementioned information within your notification is accurate and that you are either the creative rights proprietor or authorised to function on the creative rights proprietor’s behalf
15. Interactive Entertainment Content & Classifications
15.1 Entertainment Classifications: Our Platform may offer information regarding interactive entertainment with various maturity classifications, including titles designated for adult audiences. While we may provide age guidance and content descriptors, we assume no responsibility for enforcing age restrictions. Parental figures bear responsibility for monitoring their dependents’ content access.
15.2 Entertainment Evaluations & Previews: Entertainment evaluations, previews, and additional content on our Platform represent the perspectives of our content creators and contributors. Ratings and opinions remain subjective assessments and should not be interpreted as definitive quality determinations.
15.3 Developmental Content & Early Access: Information concerning interactive entertainment in developmental, early access, or production phases remains subject to alteration. We strive for informational accuracy, however, developers may significantly transform their creations prior to final release.
16. User Competitions & Promotional Activities
16.1 We may periodically orchestrate competitions, promotional offerings, or special initiatives on our Platform. These activities may incorporate supplementary terms and conditions, which will be published independently. Through participation in such activities, you commit to abide by both these Conditions and any supplementary terms specific to the activity.
16.2 We reserve the prerogative to disqualify any participant who, in our exclusive assessment, contravenes the competition or promotional guidelines, or exhibits disruptive or inequitable behaviour.
17. Community Engagement Platforms
17.1 Where we provide community engagement platforms, comment functionality, or interactive features, you agree to utilise these features respectfully and in accordance with these Conditions and any supplementary community guidelines we may establish.
17.2 We assume no responsibility for material published by users within community environments and neither endorse nor guarantee the precision of such material.
17.3 We reserve the prerogative to moderate, revise, or eliminate user material at our discretion without notification.
18. Supplementary Provisions
18.1 Comprehensive Arrangement: These Conditions, our Privacy Framework, and any additional terms and protocols referenced herein constitute the exclusive and comprehensive arrangement between you and Megarom regarding the Platform and supersede all preceding and contemporaneous understandings, arrangements, representations, and warranties, both documented and verbal, regarding the Platform.
18.2 Forbearance: No forbearance by Megarom regarding any condition established in these Conditions shall be interpreted as continued or extended forbearance of such condition or forbearance of any other condition, and any failure by Megarom to assert a right or provision under these Conditions shall not constitute forbearance of such right or provision.
18.3 Divisibility: Should any provision within these Conditions be deemed by a judicial authority or competent tribunal as invalid, unlawful, or unenforceable for any reason, such provision shall be eliminated or constrained to the minimum extent necessary to ensure the remaining provisions of the Conditions persist with full efficacy.
18.4 Transference: These Conditions, and any rights and authorisations granted hereunder, may not be transferred or assigned by you without our prior documented consent but may be assigned by us without restriction.
18.5 Extraordinary Circumstances: We shall not be liable or responsible for any performance failure, or performance delay, regarding any of our obligations caused by circumstances beyond reasonable control.
19. Communication Particulars
19.1 Should queries regarding these Conditions arise, please communicate with us at enquiries@megarom.co.za.
19.2 For all additional enquiries, kindly navigate to our Contact section.
We appreciate your investment in reviewing our Usage Terms & Conditions. Your engagement with Megarom signifies your comprehension and acceptance of these Conditions.
Effective: 01.05.2025