TERMS AND CONDITIONS
Welcome to DigiZtore!
DigiZtore is owned and operated by Xplora Technologies.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by DigiZtore. This includes the mobile and tablet versions as well as any other version of DigiZtore accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “DIGIZTORE” WEBSITE.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of DigiZtore. By registering and using the website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the website and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on DigiZtore. You agree to be bound by any modification to this terms and conditions when you use DigiZtore after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. DigiZtore may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the services only if you can form a binding contract with DigiZtore, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By registering and using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you wish to register to purchase products (digital products) from other users registered on the DigiZtore website (Sellers), you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the service, you represent that you are of legal age to form a binding contract under the laws. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on DigiZtore (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DigiZtore reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time.
If you wish to become a Seller user, you must read this agreement and indicate your acceptance during the registration process, in order to offer products (digital products) through listings and to be contacted by Customers throw the website.
In consideration of your use of the website as a Seller, you represent that you are of legal age to form a binding contract services under the laws. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on DigiZtore and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DigiZtore reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.
ACCOUNT AND SECURITY
If you register on DigiZtore, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DigiZtore of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from DigiZtore. DigiZtore will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing DigiZtore with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on DigiZtore. That termination will only result in the deletion of the account and the deletion of all the personal data granted to DigiZtore.
DigiZtore reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if DigiZtore believes that you have breached any of these terms, furnished DigiZtore with false or misleading information, or interfered with use of the website or the service by others.
SHOPPING ON THE WEBSITE (CUSTOMERS)
When you order a product, you offer to buy the product for the price advertised and indicated on the website at the time of purchase. Please check correctly the variants and features of the products before ordering. If the product is not available, the user will be informed of the website by email or phone. All new orders are considered separately and each is treated individually.
All payments made by Customers for products listed by Sellers, will be made through “Stripe”, “Instamojo” and “PayPal” payment platforms available on DigiZtore and will be handled securely.
The payment will be charged to the Customer’s credit card immediately after the order is placed. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the customer user’s email address.
Seller users reserve the right to determine the price for their products (digital products). DigiZtore will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the User will be informed of such error.
DigiZtore will charge (Enter the percentage or value of the commission) of each transaction or purchase made through the website for the use of the platform. This percentage will be discounted to the Sellers from the total price of the sale. Sellers will receive the rest of the total value of the sale with the commission discount.
The sellers of the products are responsible for granting the respective licenses for the use of the products. The products must include the respective use license. Buyers may use the products for personal and commercial use, but may not commercially exploit the products or copy them for the purpose of marketing. The commercial license of the products can only be granted in writing and expressly by the sellers or by the owners of the commercial and intellectual property rights of the respective products. DigiZtore is not responsible for the transfer or sale of these licenses of use and commercial licenses.
The products published by the Seller users are not offered or provided by DigiZtore. DigiZtore services are limited to providing the platform to publish such products. DigiZtore is not responsible at any time for the products offered by DigiZtore Seller users.
DigiZtore makes no representation as to the accuracy, safety or legality of products or content published on DigiZtore by Seller users. DigiZtore does not represent the products of registered users. The purchase of the products is at your own risk.
Disputes arising between users shall be resolved by the users themselves. DigiZtore does not accept any claims in relation to the products published on the website by the Seller users or for the delivery of these products.
Although we make an effort not to allow the publication of pirated products, we are not responsible for claims related to licenses or copyrights and intellectual property of products offered by users on the website. The licenses to use and own the copyright and intellectual property rights of the products are the sole responsibility of the users who sell and buy the products.
DigiZtore is not responsible for any damage to the physical or moral integrity of people, such as injuries, death or any other moral damage such as threats, insults and slander that could fall on a natural person, as a result of the communications established in the DigiZtore website. The communications and relationships established between users as a result of any connection within the DigiZtore website is the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in those claims or actions exempt DigiZtore from any responsibility.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
LICENSE TO USE THE PLATFORM
DigiZtore gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DigiZtore as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by DigiZtore, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the DigiZtore website or third parties.
You understand that DigiZtore and software embodied within DigiZtore may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DigiZtore and/or content providers who provide content to DigiZtore platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into DigiZtore.
All materials on DigiZtore, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DigiZtore or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on DigiZtore are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without DigiZtore prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize DigiZtore or any part of the material for any purpose other than its intended purposes is strictly prohibited.
DigiZtore respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the DigiZtore website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that DigiZtore may find it on the DigiZtore website. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Certain features of the website may permit users to upload content, which may be comprised of messages, photos, images, videos, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. DigiZtore is not responsible for the accuracy, safety or legality of user content published in the website. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
LICENSE GRANT TO DIGIZTORE
By providing user content to or through the service, you grant DigiZtore a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, and display your content on the website for the purpose of displaying products and creating user profiles.
USER CONTENT REPRESENTATIONS AND WARRANTIES
DigiZtore disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize DigiZtore and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by DigiZtore, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DigiZtore to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
USER CONTENT DISCLAIMER
We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. DigiZtore may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DigiZtore with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, DigiZtore does not permit copyright-infringing activities on the service.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
The service may not be used in connection with any commercial purposes, except as specifically approved by DigiZtore. Unauthorized framing of or linking to any of DigiZtore is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.
DigiZtore contains content of third-party licensors to DigiZtore, which is protected by copyright, trademark, patent, trade secret and other laws. DigiZtore owns and retains all rights, title and interest in the content. DigiZtore hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through DigiZtore or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing DigiZtore and using the services.
Any dealings with third parties included within or on DigiZtore involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. DigiZtore is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on DigiZtore does not constitute an endorsement or recommendation of such third party or the product or services of such third party by DigiZtore or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on DigiZtore is provided to you for informational purposes only. DigiZtore encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While DigiZtore works to ensure the information on DigiZtore is current and accurate.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on DigiZtore. That termination will only result in the deletion of the account and the deletion of all the personal data granted to DigiZtore.
DigiZtore reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if DigiZtore believes that you have breached any of the terms of this agreement, furnished DigiZtore with false or misleading information, or interfered with use of the website or the service by others.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to DigiZtore or licensed to the DigiZtore by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Improper use of users’ personal and contact data (address and telephone number).
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by DigiZtore.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by DigiZtore in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
- Download any Content unless it’s expressly made available for download by DigiZtore.
DISCLAIMER OF WARRANTIES
DigiZtore will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet DigiZtore provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse DigiZtore for any loss or damage caused as a result.
DigiZtore will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, DigiZtore excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to DigiZtore and DigiZtore shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on DigiZtore.
- Any interruptions to or delays in updating DigiZtore.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from DigiZtore.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
No responsibility will be accepted by DigiZtore for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify DigiZtore from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the DigiZtore services.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DigiZtore without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the DigiZtore website, will be settled by binding arbitration between you and DigiZtore, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and DigiZtore are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and DigiZtore otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of INDIA. Use of DigiZtore website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms, the products or the service, please contact us throw our contact page or contact at: