Terms and Conditions

In using this website and by signing up to use the MSGHero software you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company, MSGHero. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Terms

By accessing this bot for Messenger, you are agreeing to be bound by these bot Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this bot. The materials contained in this bot for Messenger are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on MSGHero's pages, chats for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a: Modify or copy the materials;

b: Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c: Attempt to decompile or reverse engineer any software contained on MSGHero's pages, chats;

d: Remove any copyright or other proprietary notations from the materials; or

e: Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MSGHero's at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provison that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We provide you an option to view all your information held by us at request.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site, it’s pages and it’s bot chats is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website, it’s pages or it’s bot chats and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website or any bot created by a customer. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • further, MSGHero does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its pages or chats or otherwise relating to such materials or on any sites linked to this bot.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Billing

  • You will be billed through PayPal’s payment method known as reference transactions. This involves establishing a billing agreement between you as a buyer and we (MSGHero, The Capital Mirage 804, 40 Chiappini Street, Cape Town, South Africa) as the merchant and this will set up a payment flow that will allow us to bill you varying amounts on recurring basis.
  • This means you authorize us (MSGHero) to charge your payment method through PayPal for a transaction and any other subsequent transaction can be derived from the same billing agreement. You acknowledge that the amount billed each time may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding an order, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. PayPal maintains and manages the agreement, and you reserve the right to cancel the agreement by logging in to PayPal and following these instructions.

Refund Policies

  • On MSGHero Free Trials: On activation, a member who signs up for a free trial account will have 7 days to try the software. The member may cancel future charges during this 7 day period by removing their respective payment details in the dashboard of the software billing area or by cancelling their subscription in the software billing area. Here are instructions on how to handle the billing agreement. After 7 days the user will be billed $47 (monthly) or $397 (annually) based on their billing sign up agreement, and billed every 30 days after until cancelled. After the 7 day trial period is over ALL payments are non refundable. This means the initial payment after the 7 days is non-refundable after payment is completed and the membership is activated. The action of signing up for the MSGHero service is recorded as an acknowledgement that the user consents to our refund policy, privacy policy and terms and conditions.
  • On MSGHero General Account Purchases: All accounts come with a 30-day refund guarantee on the FIRST payment for the service. After 30 days, the original payment and all payments thereafter are 100% final and non-refundable. These will not be refunded under any circumstance. The action of signing up for the MSGHero service is recorded as an acknowledgement that the user consents to our refund policy, privacy policy and terms and conditions.
  • On all The MSGHero Immersion Series Purchases: Unless otherwise stated on the specific products sales page and order form all of our products, all The MSGHero Immersion Series purchases come with a 24 hour no questions asked refund period. To have your refund qualify for this offer please reach out to our support staff via the intercom widget and request a refund. After 24 hours have passed the programs and services come with an action-based 30 day money back guarantee.

    The conditions for the action based refund are as follows:
    1. The member has watched all available videos.
    2. The member has made a Facebook page and on that page, made a post and attempted to connect with prospects.
    3. If the member has had trouble the member must submit an intercom support ticket.
    4. The member must provide proof that their messenger bot is up and functional.
    5. The member must provide proof that a minimum of $100 has been spent on Facebook ads.
    6. The member must make an honest attempt.
    7. A broadcast has been sent to the messenger leads.
  • Unless stated otherwise on the sales page the above must be completed within 30 days from the date of purchase.

    If our support can clearly see the member has thrown together the above at the last minute they reserve the right to deny the refund.

    Cancellation

    If you wish to cancel your billing agreement at any time, you may contact us (MSGHero) directly (http://social-panda.com/support/) or you may need to contact PayPal or any other third party company responsible for management of your billing agreement. Here are instructions on how to handle the billing agreement from inside the software application dashboard. By doing so You may also find billing information about your membership or make any updates required to your payment method. If you are needing to cancel MSGHero specifically, you can do so by removing your respective payment details in the dashboard of the software billing area or by cancelling your subscription in the software billing area.

    Account Creation

    In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to MSGHero will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

    Product Description

    We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

    Limitations

    In no event shall MSGHero or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MSGHero's pages, chats, even if MSGHero or a MSGHero authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    Revisions and Errata

    The materials appearing on MSGHero's pages, chats could include technical, typographical, or photographic errors. MSGHero does not warrant that any of the materials on its pages or chats are accurate, complete, or current. MSGHero may make changes to the materials contained on its pages or chats at any time without notice. MSGHero does not, however, make any commitment to update the materials

    Availability

    You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

    Log Files

    We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

    Cookies

    Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

    Links to this website

    You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

    Links from this website

    We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

    Our Intellectual Property

    The Site and Service contain intellectual property owned by MSGHero, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the https://msghero.com/ name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.

    Copyright and Trademark

    Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

    Communication

    We have several different e-mail addresses for different queries. The best method of communication with us is to click the orange chat widget in the bottom right hand corner of all of our pages. This will connect you with one of our support agents.

    Indemnification

    You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

    Force Majeure

    Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

    Waiver

    Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

    General

    By accessing this website and using our services/buying our products you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

    Notification of Changes

    The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis