These Terms and Conditions (“Agreement”) govern the provision of services (“Services”) by Digital Cards (“Company”) to its clients (“Client”). By availing the Services, Client agrees to be bound by the terms and conditions set forth in this Agreement.
Scope of Services:
The scope of the Services to be provided by Company to Client shall be as agreed upon in writing between the parties. Company shall use its best efforts to provide the Services in a timely and professional manner, consistent with industry standards and practices.
License & Site access:
Digital Cards grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Digital Cards. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Digital Cards. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Digital Cards and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Site’s or Digital Cards’s name or trademarks without the express written consent of Digital Cards. Any unauthorised use terminates the permission or licence granted by Digital Cards.
Account & Registration Obligations:
All Users have to register and login to place orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site.
You may not use the Site for any of the following purposes:
1) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2) Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3) Gaining unauthorised access to other computer systems.
4) Interfering with any other person's use or enjoyment of the Site.
5) Breaching any applicable laws.
6) Interfering or disrupting networks or web sites connected to the Site.
7) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Modification of Terms & Conditions of Service:
Digitize Cards may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction:
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Pune shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Digitize Cards and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Pune. The High Court of judicature at Pune alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions:
• All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Digitize Cards. Such disclosure, submission or offer of any Comments shall constitute an assignment to Digitize Cards of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
• Thus, Digitize Cards owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Digitize Cards will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Digitize Cards is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
• Digitize Cards does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Digitize Cards the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Digitize Cards and its affiliates for all claims resulting from any Comments you submit. Digitize Cards and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
• Digitize Cards expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any licence under any of Digitize Cards or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Digitize Cards. Any use of this website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Digitize Cards. You may not modify, distribute or re-post anything on this website for any purpose.
• The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Digitize Cards, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark licence is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Digitize Cards, endorsement, sponsorship or recommendation of the third party, information, product or service.
• Digitize Cards is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Digitize Cards or its licensees and suppliers and protected by Indian and international copyright laws .
• The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Digitize Cards, one of its affiliates or by third parties who have licensed their materials to Digitize Cards and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Digitize Cards and is also protected by Indian and International copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Digitize Cards and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Digitize Cards, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Digitize Cards or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Digitize Cards. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Digitize Cards may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to Digitize Cards. Upon any termination of the User Agreement by either you or Digitize Cards, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Digitize Cards's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Refund and cancellation:
All purchases of Digitize Cards are final and non-refundable. Once a digital card is purchased, it cannot be cancelled, exchanged, or refunded for any reason, except as required by law. We do not provide refunds or cancellations for any digital cards that have been purchased, even if they have not been used. Please make sure to carefully review the details of the digital card before making a purchase. Once a digital card is shared with the recipient, we cannot cancel or reverse the transaction.