Terms & Conditions

GENERAL TERMS OF USE 2023 – MEGAPACKWP:
https://megapackwp.com/

https://megapackwp.com/ IS THE INTERNET DOMAIN NAME BELONGING TO ELITE ONLINE ENTERTAINMENT, S.L. (henceforth referred to as “ELITE ONLINE”) with a registered office in Avda. Josep Tarradellas 38, 08029 Barcelona, España, with tax identification number NIF B66778283 and registered in the Trade Registry of Barcelona, Volume 45377, Sheet 208, Page Number B-485808, Inscription 1.

The following General Terms of Use become effective from February 1, 2023 and will refer to the purchased services the moment such Conditions are available, remaining in force even after and until they are modified or updated after being accordingly notified.
The current General Terms of Use refer to the subscription services offered on the Web Page:

The User who acquires our services through our web platform will have to be of legal age (over 18 years old) and have the legal capacity to receive the services offered through https://megapackwp.com/ stating that understands the General Terms of Use completely.

According to what it is stipulated in the applicable regulation, the following statements are brought to light:

  1. All documentation related to the formality of the agreements will be kept filed for 5 years effective from the moment of its perfection.
  2. The User will be able to access all those files in which he/she is included as part by formulating a request to the following email address: support@megapackwp.com

 

The acceptance of the current General Terms of Use (GTU) on the part of the User will be an essential requirement for any future contractual relation between the User and MEGAPACKWP.

MEGAPACKWP reserves the right to make any pertinent changes without previous notice not only in the Web page but also in the current General Terms of Use. Any changes affecting the essential elements of the contractual conditions will not be applied to those contracts that have already been stipulated unless the User explicitly accepts the changes made.

 

DEFINITIONS

MegapackWP: It is a web page https://megapackwp.com/ through which we offer a subscription service of a lifetime and unlimited access to all the WordPress Themes and Plugins described in the Web Page.

User: Citizen of legal age and capacity to hire, in his/her name or representing a third party, duly authorized, that will be the person purchasing the Service through our Web Page.

GTU: General Terms of Use composed by the current contract and the specific applicable conditions, without any restriction or limitation together with the Services offered by MEGAPACKWP.

Service: It refers to the subscription service, offered by MEGAPACKWP, of unlimited and lifetime access to the WordPress Themes and Plugins described on the Web Page. All WordPress Themes and Plugins offered are licensed under the GNU General Public License. The Service will be available to Users on the Web Platform.

Web Page: web-based application https://megapackwp.com/.

WordPress Themes and Plugins: Refers to themes and plugins developed and designed by third parties for the WordPress platform, available on the Web Page under the GNU General Public License.

WordPress: Web environment application https://wordpress.com/. MEGAPACK and WordPress have no commercial relationship.

Developers and Designers: independent developers and designers, dedicated to the development of WordPress themes and plugins.

Party: It refers to MEGAPACKWP and the User.

NOTE: THESE ARE THE GENERAL TERMS OF USE, THE USER AGREES TO READ AND ACCEPT THE SPECIFIC CONDITIONS INCLUDED IN THE PURCHASE PROCESS.

 

FIRST: ORDER REQUEST AND CONTRACT AND FORMALISATION OF THE CONTRACT

The user is able to purchase the services through the Web Page.

Specifically, the process of the service request through our Web Page comprises the following steps:

PROCUREMENT OF SERVICES THROUGH THE WEB PAGE

a. The User accesses the service through the Web page.

b. The User completes a form with the necessary data to hire the Service and provide all the relevant documentation to execute the process.

c. Once you accept and follow the procurement process of the Service, the User will add his/her payment details.

d. By accepting and following the procurement process of the Service, this will be registered, understanding tha the GTU has been expressly accepted.

e. The User will be notified of the confirmation of the reception of the Service and the purchase process will be finished. The User will receive a confirmation number that will enable him/her to carry out all the corresponding procedures with MEGAPACKWP in relation to the hired Service.

f. Following the final validation of the Service on the part of MEGAPACKWP, the User will receive an email confirmation of his/her order and summarising all the elements relating to it, including the confirmation number. Only by printing and/or keeping the aforementioned email, the User will have a means of proof of the contracting of the Services.

g. Once the payment is validated, the User will be able to download the WordPress Themes and Plugins from his/her account in the “Download” section.

 

In the event MEGAPACKWP is not able to carry out the procedure due to lack of information or being provided with wrong data by the User, MEGAPACKWP will notify the User asking for the necessary information needed to complete the process. If the User does not provide the necessary information in a 14-day deadline, MEGAPACKWP will be able to terminate the contract.

The User undertakes that the data provided to us, either directly through our Web page or by e-mail, are true, accurate and complete. The User is also responsible for ensuring that the credit or debit cards he/she is using are in his/her ownership and that there are sufficient funds to cover the cost of the Service purchased.

MEGAPACKWP does not have the technical and/or legal means to verify 100% the accuracy of the purported identity of Users and cannot be held responsible for the accuracy or inaccuracy of such information.

However, in the event that there are doubts as to the accuracy of the information provided by the User or in the event that third parties or other users communicate information that leads one to believe that there is identity theft or falsehood in the information provided by a User, MEGAPACKWP may:

  • Suspend the User’s access to the Service in order to carry out the appropriate verifications.
  • Ask the User in question for additional information that will help MEGAPACKWP to verify his/her identity.

 

If it is established that there has been a misrepresentation of identity or that false information has been provided that could damage MEGAPACKWP or third parties, the User shall be deemed to have breached the GTU and his/her contract may be terminated by operation of law.

MEGAPACKWP reserves the right to cancel the contracted Service in case of chargeback, false data or if the card data provided by the User cannot be verified.

 

SECOND: CONDITIONS OF USE AND LIABILITY

All WordPress Themes and Plugins are offered on the Web Page under a GNU General Public License and were designed by independent Developers and Designers.

MEGAPACKWP has no commercial relationship with WordPress and/or the Developers and Designers. MEGAPACKWP shall not be liable in the event of a dispute between the User and WordPress and/or the Developers and Designers as a result of the purchase of the Service.

MEGAPACKWP does not provide trial or commercial licences, necessary for the automatic updating of the WordPress Themes and Plugins.

MEGAPACKWP strives to provide accurate, precise and up to date information on the WordPress Themes and Plugins. If, despite these efforts, the information on the web page is erroneous, incomplete or obsolete, MEGAPACKWP undertakes to correct it as soon as possible. However, MEGAPACKWP cannot be held responsible for any inaccurate information present on the websites of WordPress and/or the Developers and Designers.

MEGAPACKWP will process accepted applications of its Web page within approximately 48 working hours, which is the average time it takes our expertised team to complete the process. However, due to unforeseen circumstances beyond our control (failure of the Web pageof our suppliers) the deadlines for fulfilment may be modified. In any case, the User will be notified the moment in which the Services has been provided, being understood that the Service has been completely executed.

In no event shall MEGAPACKWP be liable for any delay in the management of the service due to failures that may occur on the Web page or computer systems of WordPress and/or the Developers and Designers.

MEGAPACKWP needs to transfer data in order to operate. At the time of registration, the User must ensure that he/she carefully reads and accepts the Privacy Policy in order to be able to fulfil his/her request and contract.

User Requirements

In order to be able to be a Web page User, it is necessary:

  • To be at least of the age that is eligible to enter into a contract under the specific legislation applicable to them. The minimum age is 18 years old.
  • To have read and accepted the GTU and the Privacy Policy.
  • To complete the required fields of the subscription form.
  • That your contract has not been terminated for misuse (account deleted) more than twice.

 

The User guarantees the authenticity and veracity of the information provided and undertakes to keep it up to date.

Subscription Form/Obligatory Information:

The registration process for the Services, and in particular the completion of the subscription form, is mandatory for the registration on the web page and for the conclusion of the contract with MEGAPACKWP.

The following information must be provided obligatory by the User:

A) Full Name

B) Card Type and Identification Number

C) Address

D) Telephone Number

E) Email address

F) Contract/Subscription/Membership Number

 

The User can make any changes to his/her data at any time before submitting the application by using the correction options. Any errors in the data entered by the User are not the responsibility of MEGAPACKWP.

The address provided must be the address where the User wants to be notified.

 

THIRD: PRICE & PAYMENT TERMS

MEGAPACKWP charges for a lifetime and unlimited access to the WordPress Themes and Plugins described on the Web page. The WordPress Themes and Plugins have the GNU General Public License. MEGAPACKWP is independent, with no commercial relationship with WordPress, Developers and Designers of the WordPress Themes and Plugins described in the Web page.

The User can hire the Service by a flat rate of 120€, taxes included.

The moment the User hires the Service, he/she accepts the current GTU which includes clear information for the User regarding the rights and obligations linked to the Service.

The payment of the order can only be made by Stripe (with any credit or debit card with 3d secure in any country) Paypal, Google Pay and Apple Pay. The full amount of the order will be deducted on the day of the order. MEGAPACKWP reserves the right to suspend the processing of the order in case of refusal of the payment authorisation. MEGAPACKWP guarantees the confidentiality and security of the customer’s bank details transmitted via the website when placing the order [secure entry by SSL encryption (Secure Socket Layer technology)].

MEGAPACKWP reserves the right to change the Service fees at any time. Changes to such fees will not affect the Services contracted prior to the date of the fee change.

 

FOURTH: WITHDRAWAL RIGHT

In the event that the User wants to exercise their right of cancellation of the Services according to applicable Consumer Protection Law, must send an email to the address support@megapackwp.com indicating that the subscription must be cancelled, except in those cases in which by legal provision, the right of cancellation does not apply.

Obligations of MEGAPACKWP in case of withdrawal

MEGAPACKWP will refund all payments made by the User as soon as the User has notified MEGAPACKWP of his intention to exercise his right of cancellation, as long as the withdrawal has been made in accordance with the applicable legal provisions.

MEGAPACKWP will use the same means of payment used by the User for the reimbursement. The reimbursement is free of charge for the User.

In accordance with the applicable law, MEGAPACKWP provides the link to the platform of the European consumer protection agency (“ODR”) which is of free access to resolve online disputes between the User and MEGAPACKWP without the resources of the courts, through the intervention of a third party. These platforms act as intermediaries between the two, without the resolution being binding on the Parties. These bodies are neutral and will dialogue with both Parties to reach an agreement and may finally suggest and/or impose a solution to the conflict. Below, there is a link to an online dispute website:

https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest

 

FIFTH: PROOF OF ORDERS/ARCHIVE

Unless there is a manifest error, the burden of proof corresponds to the User, the data stored in MEGAPACKWP’ databases are considered as proof in respect of orders placed.

Data on computer or electronic media that are regularly stored constitute admissible and opposable evidence on the same terms and with the same probative force as any document received and stored in writing.

MEGAPACKWP will deliver the proof of purchase of the electronic service provided at the beginning of the submission.

 

SIXTH: CUSTOMER SUPPORT

Any request for information, in particular concerning the purchase, refund, exchange or operation of the services, should be addressed to MEGAPACKWP by email to support@megapackwp.com or via Web page https://megapackwp.com/ “Contact Us” section and you will receive a reply within the next 48 hours approximately.

 

SEVENTH: VALIDITY OF THE CONTRACT

In the event that one or more of these provisions should be declared null and avoid or deemed non-binding, the validity of the other provisions of the General Terms of Use shall not be affected.

 

EIGHT: OBLIGATIONS AND RESPONSIBILITIES OF USERS

User Obligations

Once the Services are hired, the Users are committed to:

    • Make truthful and accurate statements.
    • Comply with the regulations in force and do not infringe public order.
    • Respect intellectual or industrial property rights.
    • Not to commit defamatory or libellous offences, not to make statements that imply racial or any other kind of discrimination, or apologia for war crimes or crimes against humanity.
    • To act in accordance with morals and good customs and in particular not to disseminate pornographic or exhibitionist content.
    • Not to transmit to third parties or other Users the passwords and other confidential codes that allow access to the Services of the User’s account on the Web page.
    • Not to use any software, application, interface or the assistance of third parties to interfere with communication with the other Users of the Web page (the credibility of the Web page is based on the truthfulness of communications).
    • Not to transmit or disseminate the content of communications and messages sent to you through the Services made available to you.
    • Do not damage the Services of the Web page.

 

Responsibilities of the User

Users are solely responsible for the use of the data they consult, request or communicate on the Web page.

Users undertake to indemnify MEGAPACKWP against any penalty, fine, compensation, indemnity, damage or prejudice arising from any claim of any type or nature whatsoever that may arise, directly or indirectly, from the breach of legal and/or contractual obligations derived from the GTU attributable to the User.

MEGAPACKWP does not control the external sites and sources (websites, forums, social networks, devices or apps, etc) to which the hypertext links placed online on the Web page lead and cannot be held responsible for their content. In this respect, Users are invited to interrupt their consultation and inform MEGAPACKWP if they discover that a hypertext link directs them to an external site or source whose title or content infringes the law.

The fact that MEGAPACKWP does not declare the breach by the Users of the GTU cannot be interpreted as a waiver by MEGAPACKWP to declare such non-compliance in the future.

In short, the User is solely responsible for the inaccuracy or falsity of the data provided and for any damage that may be caused to other Users, companies or third parties as a result of the use of the Services offered.

 

NINTH: OBLIGATIONS AND RESPONSIBILITIES OF MEGAPACKWP

Obligations of MEGAPACKWP

MEGAPACKWP undertakes to provide Users with an online service in accordance with the law and to perform the intermediation services with the utmost professionalism and diligence, in addition to the other commitments contained in these conditions.

Responsibility of MEGAPACKWP

MEGAPACKWP is not liable for cases of fraud, identity theft or other criminal offences, as well as attacks on the image or privacy of third parties committed by third parties or Users through the Web page and the Services.

MEGAPACKWP is not responsible for the information provided by the Supplying Companies or, in general, by the Users, nor for its veracity, authenticity or accuracy, whether provided directly or through other means of subscription.

Neither is responsible for the data shared by the User through this or other social networks outside MEGAPACKWP.

In general, it is the User who guarantees that all the information provided is accurate and up to date and that it corresponds truthfully to the User’s current situation. It is the User’s responsibility and obligation to keep his/her data up to date at all times, and the USer shall be solely liable for any inaccuracy or falsity of the data provided on the Web page and for any damage that may be caused thereby to the platform or to third parties in connection with the use of the services offered by MEGAPACKWP.

MEGAPACKWP may retain any content related to possible legal infringements, especially to communicate it to the competent authorities. Likewise, it will keep the data of those Users who unsubscribe, in compliance with current legislation on the protection of personal data or any other applicable regulations.

MEGAPACKWP does not guarantee that the Services will function in the event of interruption of the User’s Internet access or in the event of non-functioning or poor access conditions caused by the jamming of the Internet network, or for any other reason of force majeure, not attributable to MEGAPACKWP or its service providers.

MEGAPACKWP shall not be liable for non-compliance caused by force majeure or unforeseen circumstances, whatever their nature.

 

TENTH: INTELLECTUAL PROPERTY

Web page Rights

The logos, graphics, photographs, animations, videos and texts appearing on the Web page as well as all those elements necessary for the operation of the Web page – architecture, design, code pages, CSS pages algorithms and any other element – may not be reproduced, used or represented, on any support and by any technical means without the express authorisation of MEGAPACKWP, otherwise, the appropriate legal action will be taken.

The rights of use granted by MEGAPACKWP to the Users are strictly limited to their private and personal use within the framework of the contract and for its entire duration of the contract. Any other use by Users is strictly prohibited without the authorisation of MEGAPACKWP.

Users have strictly prohibited modifying, copying, reproducing, downloading, disseminating, transmitting, exploiting for commercial purposes and/or distributing in any way the Services, the pages of the Web page or the computer codes of the elements that make up the Services and the Web page.

The logos, graphics, photographs, animations and trademarks belonging to the Supplying Companies or third parties that appear on the Web page are reproduced in accordance with the applicable legislation, using them fairly, in good faith and purely for descriptive purposes, without any link being implied whatsoever, between MEGAPACKWP and the owner of the intellectual property rights reproduced.

 

ELEVENTH: DATA PROTECTION

MEGAPACKWP is aware of the sensitivity of the personal data that the User shares with us in order for us to perform the Service. We take the protection of the personal data of all Users very seriously and we take all necessary measures to ensure the protection and processing in accordance with the legislation.

You can see our Privacy Policy in the following link: Privacy Policy.

 

TWELFTH : COMMUNICATIONS & NOTIFICATIONS

Any communication sent will be incorporated into the information systems of MEGAPACKWP.

By accepting these GTU and the Privacy Policy and, in particular, by submitting personal data to MEGAPACKWP, the User expressly consents to MEGAPACKWP carrying out the following activities and/or actions, unless the User indicates otherwise when contracting or subscribing to any MEGAPACKWP product and/or services or as a result of a subsequent revocation of the consent initially granted:

  • In the event that the User has expressly consented to the sending of commercial communications by electronic means through subscription to the NEWSLETTER, the sending of such communications by electronic means informing Users of the activities, services, promotions, advertising, news, offers and other information on MEGAPACKWP services and products equal or similar to those which were initially the subject of contracting or of interest to the User.
  • The conservation of the data for the periods provided for in the applicable provisions.

 

THIRTEENTH: PENALTIES & TERMINATION OF CONTRACT

MEGAPACKWP may terminate the contract by operation of law in the event of the User’s breach of the GTU.

In case of serious infringement, i.e. dissemination of content contrary to public order or morality, MEGAPACKWP may terminate the contract without notice.

In case of termination of the contract, the User may not claim any compensation or reimbursement, without prejudice to any damages that may be claimed by HOWTOCANCEL.

Changes and cancellations

By clicking on “Confirm Payment”, the User is contracting with MEGAPACKWP a subscription Service of lifetime and unlimited access to the WordPress Themes and Plugins described in the Web Platform.

In the event that the User terminates the contract before MEGAPACKWP has notified the User of the delivery of the Service, the User will be reimbursed the amount paid for the Service.

If MEGAPACKWP cancels the contract for reasons not attributable to the User, MEGAPACKWP shall refund the full amount paid by the User.

In the event MEGAPACKWP terminates the contract by operation of law for reasons attributable to the User, MEGAPACKWP will not reimburse the User the amount paid for the Service.

 

FOURTEENTH: APPLICABLE LAW

The current General Terms of Use and the contract shall be governed by the Spanish Law.

In cases of civil contracts, that is to say, in cases where one of the contracting parties acts as a CONSUMER, the specific regulations for the Defence of Consumers and Users shall be applicable.

Consumers and users may resolve any disputes before the competent Courts according to their place of residence or at the place of the registered office of MEGAPACKWP.

In the event that MEGAPACKWP takes legal action against a consumer, the Courts of jurisdiction of the consumer’s domicile shall be competent.

In all cases of commercial contracts, the parties agree to submit to the exclusive jurisdiction of the Courts of BARCELONA.

 

FIFTEENTH: EXERCISE OF THE RIGHT OF WITHDRAWAL FORM

In accordance with the provisions of the applicable law, consumers may exercise their right to withdraw before MEGAPACKWP has provided the Services.

Name and Surnames of the Consumer:
ID Number:
Address:

ELITE ONLINE ENTERTAINMENT S.L.
Avda. Josep Tarradellas 38, 08029 Barcelona,
NIF B667782383

By means of this document, I hereby exercise the right of withdrawal established in the applicable law, in respect of all the contracts signed with ELITE ONLINE ENTERTAINMENT S.L., on X DATE OF THE CONTRACT X. I exercise this right of withdrawal prior to the commencement of the provision of services by ELITE ONLINE ENTERTAINMENT S.L. in accordance with the aforementioned regulation.

Place, date and signature

(Attach a photocopy of both sides of the ID card)
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Please, access the form to exercise your right of withdrawal online by following this link: LINK TO FORM