Digizani Ltd Terms of Service
1 Acceptance of these Terms of Service
All content within this site is created or developed and published by British company Digizani Ltd, (“Digizani”). All Intellectual Property Rights are owned by Digizani and its licensors.
Your (“You”) use of the www.digizani.com website and /or any other information exchange media, made available by Digizani (collectively the “Online Shop”) and any Products You order via the Online Shop is governed by these Terms of Service (“Terms of Service”).
BY ACCESSING THE ONLINE SHOP AND/OR USING IT YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/ OR USE THE ONLINE SHOP.
If You are under 18 years of age or a minor in your country of residence, please ask Your legal guardian to complete your registration to the Online Shop for you. If You are under 10 years of age You are not entitled to use the Online Shop.
Subject to Your acceptance of and compliance with these Terms of Service, Digizani grants You a personal, limited, non-exclusive, revocable and non-transferable license to use the Online Shop solely as for Your personal and non-commercial purposes as set forth in these Terms of Service.
2 Contact details of Digizani
Finlay Maclennan, 6 Mackenzie Park , Sandwick, Stornoway, Isle of Lewis, Stornoway, HS2 0AW
3 Provision and use of the Online Shop
Digizani has the right to provide the Online Shop as it deems appropriate including the right to amend the Online Shop. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. Digizani aims to notify You of any substantial changes that materially affect the use of the Online Shop a reasonable time in advance.
Digizani may suspend the Online Shop where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. Digizani aims to ensure that the suspension is as short as possible. Digizani has the right to terminate the Online Shop at its sole discretion. Should any suspensions or termination of the Online Shop occur, Digizani aims to reasonably notify You of such occurrences in beforehand.
You agree to use the Online Shop in a manner that does not cause harm to Digizani, other users or third parties. Digizani reserves the right to terminate or restrict Your access to the Online Shop without prior notice if You violate these Terms of Service or if You abuse the Online Shop or load the Online Shop to an unusual extent. Digizani is entitled to prevent access to the Online Shop if it has reason to believe that You are engaged in illegal activity or compromise other users' or Digizani's data security or privacy.
Digizani may use subcontractors to fulfil its obligations pertaining to the Online Shop and/or these Terms of Service.
4 Products, Shipping and Product return Policy
By using the Online Shop You may purchase certain products, including but not limited to Stock Images and Interactive Video (“Products”). The sale becomes binding between You and Digizani when Digizani receives Your payment. Certain Products may be in a digital form. Please note that any such Products may be subject to separate licensing terms and conditions than those set forth herein. Further, digital Products are not subject to the right of withdrawal as specified below.
Information on Product delivery times and other Product information is specified in the Online Shop web site. Digizani takes commercially reasonable efforts to provide You with Product information that is as accurate as possible. Digizani does not however warrant that the Product information or other content on the Online Shop is accurate, reliable, complete or error-free. Should a Product offered by Digizani itself appear to be contrary to the Product information provided by Digizani, Your sole remedy is to return the Product(s) in unused condition as set forth below.
Shipping times may vary depending on the Product, its availability and other possible practical factors. Please check the shipping times for each Product separately.
Should You wish to receive a printout of an order You have placed, this can be done by printing out the order confirmation You receive after You have placed Your order. This confirmation will be sent to You by e-mail after You have completed the order process by clicking on "Complete my Purchase" (or an equivalent) and once your payment information has successfully been processed. Further, you will receive a shipping confirmation once the Product(s) have been shipped to You.
You have the right to return physical Product(s) You have ordered by contacting Digizani at firstname.lastname@example.org within 14 days from the delivery of the Product(s). Please include the following information in Your message when You contact Digizani:
- Order number
- Names and amounts of the Products that should be returned
Digital Products not subject to right of withdrawal
Currently all products in the Online Shop are sold in digital form. The right of withdrawal does not apply for digital goods such as graphics, images, icons, videos, animations or software as they are not suitable for a return due to their nature.
A return of goods and a corresponding refund of the purchase price cannot be granted after the download link has been made available for the customer because the product is deemed to be unsealed and is consequently not suitable to be returned.
In exceptional cases, the customer support can initiate a special audit for refund if the related request is made no later than 24 hours after purchase.
The prices in force from time to time are specified in connection with each Product. Shipping charges are added when applicable and they may vary in accordance with the shipping destination and other applicable practical factors. The prices shall include all public charges determined by the authorities, including value added tax pursuant to the legislation in force from time to time. Please note that the public charges may vary depending on the country You reside in. Payment will be done at the time of purchase using the available payment methods.
Additional customs, duties as well as brokerage charges may however apply depending on the shipping destination and will be collected at the time of delivery. Please note that Digizani is not responsible for such charges.
Accepted payment methods are specified in the Online Shop web site. You can pick the payment method You wish to use during the checkout process. The payment interface uses SSL secure server with digital certificates (https://) and Your payment information is fully encrypted during the checkout process.
6 Intellectual Property Rights
Digizani (or its licensors) shall own all rights, title and interest in and to the Online Shop as well as any material in or provided through the Online Shop, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (“Intellectual Property Rights”). You shall not receive any ownership rights by using the Online Shop.
In connection with Your use of the Online Shop You may provide Digizani with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the Online Shop (“Feedback”). After providing the Feedback to Digizani You continue to retain any Intellectual Property Rights to the Feedback that You may have and You grant Digizani and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You acknowledge that You also give to Digizani, without charge, the right to commercialise Your Feedback in any way and for any purpose. Digizani has no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.
You agree not to provide Digizani with Feedback that is subject to a third party license that requires Digizani to license the Online Shop or the material contained therein to third parties because Digizani includes Your Feedback in the Online Shop. Further, Digizani does not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary, unless specifically so requested by Digizani. Any Feedback that You submit to Digizani will be deemed non-confidential or non-proprietary, unless Digizani has specifically stated otherwise.
You shall be liable and agree to indemnify Digizani and third parties for and against all damages, which are caused by Your unlawful behaviour or Your breach of these Terms of Service.
9 Links to Third Party Sites
The Online Shop may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). Digizani shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which Digizani recommends You to review.
10 Force majeure
A force majeure event shall discharge Digizani from its obligations with respect to the Online Shop in the event that the said force majeure event prevents or unreasonably impedes the performance pertaining to the Online Shop. Examples of force majeure include fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.
Digizani shall seek to announce this through the Online Shop immediately whenever such announcement is possible.
11 Amendments and Termination
Digizani has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. Digizani delivers the amended Terms of Service to You via the Online Shop or some other suitable means at its discretion. Your continued use of the Online Shop after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service.
In case You object the entry into force of the amended Terms of Service and if You and Digizani do not agree otherwise in writing, Your right to use the Online Shop shall terminate on the date the amended Terms of Service enter into force.
Digizani may also at its discretion notify You of amendments and make the amended Terms of Service available without prior notice upon the next time You access the Online Shop and make it conditional for continued use of the Online Shop for You to specifically accept the amended Terms of Service (for example by clicking “Accept”). However, should You choose not to accept the amended Terms of Service made available to You in accordance with this paragraph Your right to use the Online Shop shall terminate immediately.
If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.
12 Limitation of liability
The Online Shop is provided on an “AS IS” basis without warranties of any kind. Digizani does not warrant that the Online Shop will function without interruptions or error-free. Digizani shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Online Shop nor for the content or other features of the products or services offered on or conveyed through the Online Shop. Further, Digizani shall not be liable for the content in the Online Shop, including without limitation the data, or any other information exchange media on or connected with the Online Shop.
Digizani shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Online Shop. Digizani is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Digizani disclaims any liability for direct or indirect damages caused to You by harmful programs (viruses, worms or the like) or incorrect content in the Online Shop. Digizani bears no liability for damages caused by You or by a third party.
Digizani's maximum liability for direct damages caused to You or Your property is at all times limited to the amount paid by You for the Product(s) You have ordered via the Online Shop that gave reasons for the claim. Digizani is never liable for any indirect or unforeseeable damages caused to You at any given circumstances.
13 Applicable law and settlement of disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of England. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the District Court of London, England as the first instance.