Terms of Service

Last Updated on 21/06/2023

Introduction

Read the following carefully, as your purchase or use of our product(s) implies that you have read and accepted our Terms of Service. (We reserve the right to change or modify current Terms of Service with no prior notice.)

This site, digages.com, is owned and operated by Doncept Tech Limited (hereinafter referred to as “We,” “our,” “us” or ”Company”). Please carefully read, review and be sure you understand our Terms of Service prior to downloading or using any of the materials or products from digages.com. You should carefully read all of our terms of service as your purchase or use of any our Product(s) or services and use of this Website and any materials or products available herein identifies that you agree to the following Terms of Service and that you agree to be bound by these terms of service accordingly. If you do not agree to these terms then you should leave this Website immediately, not use any of the materials or Products available herein, and/or not subscribe to this service.

Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by reaching out via email.

Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your sale at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order upon suspicion of a fraudulent, an unauthorized or otherwise illegal transaction. We are currently unable to reverse processing fees.

Code of Conduct

Users are expected to abide by the following Code of Conduct guiding our community:

• Illegal Activity: We prohibit any form of use of our platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation.

• Fraud: We have zero tolerance for any form of fraudulent activity or transaction including but not limited to Money Laundering.

• Bad Code: You shall not use our platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

• Spamming: You shall not use our platform to engage in any activities that will result in sending spam to anyone on our platform, including our employees, Subscribers, and Purchasers.

• Respect: We encourage users to be civil and respectful at all times.

• Exploitation: You shall not use our Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content.

• Impersonation: You shall not impersonate anybody including Digages, any of our employees, users of Digages or members of the general public. Upon discovery of impersonation, we reserve the right to deactivate the infringing account immediately.

• Data Mining or Bots: You shall not use any data mining, robots, or similar data gathering or extraction methods.

• Use Other Than Intended: You shall not use the Platform or any content contained on the Platform for any purposes other than intended.

Upon violation of our Code of Conduct, we reserve the right to delete a user's account and Content from our Platform. Whether conduct violates our Code of Conduct will be determined in our sole discretion.

Contests, Sweepstakes and Promotions

All contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You shall be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including debit card, credit card, or bank transfer, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. Upon failure of automatic billing, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

In the event that you discontinue your paid subscription, you will no longer have access to all the paid features on the Service, consequently, your customers will lose access to features that are exclusive to paying members only/subscription-based products.

Fee Changes

Digages, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the subsisting Billing Cycle. Your continued use of Service after Subscription fee change comes into effect shall constitute an implied agreement to pay the modified Subscription fee amount.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

a. In any way that violates any applicable national or international law or regulation.
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
d. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
e. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
g. To transmit a message that is deemed “grossly offensive, pornographic or of an indecent, obscene or menacing character”.

Additionally, you shall not:

a. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
b. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
c. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
d. Use any device, software, or routine that interferes with the proper working of Service.
e. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
g. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
h. Take any action that may damage or falsify Company rating.
i. Otherwise attempt to interfere with the proper working of Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, or if you are below 18, you have obtained the consent of a parent or legal guardian. You further guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.

Users are responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to their computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion without any form of liability.

Intellectual Property

Our Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Digages under Doncept Tech Limited and its licensors. Our service is protected by copyright, trademark, and other applicable laws in both domestic and international jurisdictions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Digages.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on our Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@digages.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

Error Reporting and Feedback

You may provide us directly at info@digages.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) We may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) We are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, Unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT DIGAGES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

Limitation of Liability

Except where otherwise inapplicable or prohibited by law, in no event shall Digages or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, including the privacy statement and data processing agreement (DPA), the services or products, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether we have had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

In no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from:
a. Any errors or omissions in the content or functionality of our Service.
b. Any interruption or cessation of transmission to or from our Service.
c. Any bugs, viruses, or the like that may be transmitted to or through our Service by any third party.
d. Any unauthorized access to or use of our servers and/or any personal information stored therein.

In no event shall our liability to you or your business exceed the amount of three (3) times the payments paid by you to Digages for the month preceding the date in which the facts giving rise to a claim against Digages occurred or $50, whichever is greater.

Governing Law

These Terms shall be governed and construed in accordance with applicable domestic and international laws, without regard to conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we may have had concerning the Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via our Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service

Waiver And Severability

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By accessing or utilizing our Service, including but not limited to making any form of payment to us through any of our outlets, social media platforms, website, or mobile application, you hereby acknowledge and agree to be bound by these Terms of Service and any other applicable policies.

Contact Us

Please send your feedback, comments, and requests for technical support:

By email: info@digages.com