Terms & Conditions
These Terms and Conditions (the “Terms”, and “Agreement”) govern the entire agreement between the DIGIDS MARKETING MANAGEMENT (the “Service Provider”, “we”, “our”, “us”, “DIGIDS”) and you (the “Client”) and will be deemed to have been agreed by the Client by its acceptance of any of the Services (as defined below). Please read carefully the Terms listed below as this will constitute a binding agreement between us. If you do not agree to be bound by these Terms, then you must not use or access the Website.
Terminology
“Client” means the physical person or the individual acting on behalf of an entity or the beneficial owner to whom the Service Provider provides the Services. This definition may also cover the physical person acting as a legal representative of a corporate entity.
“Directors” means the Directors of Service Provider.
“Employees” means and includes the directors, other officers, consultants, partners, and staff (as appropriate) of the Service Provider.
“Service Provider” means DIGIDS MARKETING MANAGEMENT, along with any affiliated or associated company and each of its employees, agents, officers, and servants from time to time who are engaged in providing the Services;
“Services”: this includes but is not limited to the provision of all the services published on the Company’s website, and as these are amended from time to time, in accordance with the Terms. Such Services may include, but are not limited to the following:
- The provision of digital products and services;
- Data analytics and optimisation;
- Web design and development;
- Brand identity services;
- Etc.,
Additionally, the use and access of our website fall under the scope of “Services”.
“Website”, “Site” shall mean the Company’s site https://digi-ds.com/
For the avoidance of any doubt, the Terms shall apply in respect of the use of our Website and the provision of Services via our Website whether or not there shall be in existence any written or other express acceptance thereof by the Client.
Our Website Terms of Access and Use
Our Website is made available on an “as is” and “as and when” available basis. The content available on our Website is provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary, or consulting advice to buy or use our Services or/and utilize specific products provided by the Company. No information provided on this Site shall be considered a substitute for your independent research.
We cannot guarantee that the use of this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or bugs or is fully functional, accurate, or reliable.
The Company reserves the right to remove or amend the Website and all the published content at any time without any notice from our side. We will not be liable if the Website becomes unavailable or does not have full functionality for any reason or an unspecified period.
The Company may need to suspend the Website to conduct maintenance work or permanently close it down at any time. Under this Agreement, you are bound to use the Website only for lawful purposes.
You may not use the Website in any way that breaches any applicable local, national, or international law or regulation or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. You also agree not to access without our authority, interfere with, damage or disrupt any part of the Website or any equipment or network on which the Website is stored, or any software used in the provision of the Website or any equipment, network, or software owned or used by any third party.
The information provided on this Site may be related to products or services that are not available in your country and/or will not be available at any time.
Linking to our Website
You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement from our side where none exists.
We may provide links to other websites which are not operated and controlled by the Service Provider. The latest may have no control over and no responsibility for the content of those websites/links or how the third parties responsible for them collect and use your personal information. DIGIDS doesnot endorse or make any representations about third-party websites. Third-party websites may have their own applicable terms and conditions or other policies and procedures illustrating how they use and share your personal information or the overall terms to use their products, services and website. You should carefully review those documents before you use these websites to make sure that you agree with the terms depicted therein.
Limitation of Liability and Warranty Disclaimers
DIGIDS accepts no liability:
- for any harm that arose from mistakes or inaccuracies in the information disclosed on our Site;
- for all errors and omissions excepted appertaining to prices provided or disclosed and all information provided;
- for any loss, claims, damages, delays resulting from your inability to have, gain, or maintain access to the Service or Site due to a routine or emergency maintenance on the system or excessive demand of the Service;
- any direct, indirect, or consequential losses arising from the use of the Service including loss of revenue, business, anticipated savings, or profits, etc.
- for any harm or damages caused by the downloadable documents, equipment, or software available on the Company’s Site or given to you via the provision of Services. The Company cannot guarantee that downloadable documents, software, or equipment are free from viruses or errors. Our responsibility to perform the relevant checks before posting on our Site or sharing with you does not affect our limited liability in this respect.
The Service Provider’s maximum liability for any causes of action arising out of relating to these Terms, whether in contract, tort, statute, or otherwise, will be limited to an amount equal to the fees paid or payable by the Client for the applicable Services during the 12 (twelve) months preceding the incident giving rise to the claim, provided that such claim do not result from client’s obligation (s), including delay or partial payment.
The Client shall at all times indemnify to hold the Service Provider, the Employees, the Appointees, and their heirs, successors, assignees, and personal representatives and each of them, as the case may be, harmless and to indemnify them to the greatest extent permitted by law from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, proceedings, claims, costs, demands, disbursements of any kind, expenses and liabilities whatsoever which may arise or accrue or be taken, commenced, made or sought from or against them in connection with the Service Provider or arising from the provision of the Services or any of them and will reimburse them for all costs and expenses and any interest in any amount paid by the Service Provider to third parties.
This indemnity will not extend to any actions, losses, suits, proceedings, costs, claims, damages, demands, disbursements, expenses, and liabilities that may arise or accrue or be taken, commenced, made, or sought from or against any of the Service Provider, the Employees, the Appointees or their heirs, successors, assigns and personal representatives in respect of any fraudulent or grossly negligent act or omission or wilful misconduct of such company or person. This indemnity shall continue in force without limit in time, whether or not the Service Provider is continuing to provide the Services, and without prejudice to any other indemnity given in the Service Provider’s favor.
Our Intellectual Property Rights
With the Agreement you the Client acknowledge that the copyright and the content of our Services and Site are property of DIGIDS. You acknowledge that the copyright and any of the copyright, trademarks, patents, and other intellectual property rights subsisting in or used in connection with the Service/Site and all information, documentation, and materials relating thereto, such as text, software, music, sound, photographs, video, design and graphics are (unless otherwise specified by us) is the property of DIGIDS and you shall not during or at any time after the expiry or termination of the agreement in any way question or dispute the ownership by DIGIDS of any such rights.
You shall not during or after the expiry or termination of this agreement without the prior written consent of DIGIDS or to the extent only permitted by the applicable law, abuse or permit the abuse of such copyright, trademarks, and other intellectual property rights.
Copyright in the Software: DIGIDS and its suppliers own the software that runs this website and downloadable equipment or software (the “Software”) we may provide as part of our Services. To the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, or de-compile that Software without DIGIDS’s consent.
Copyright in the Site and Content: You acknowledge that DIGIDS has spent, and continues to spend considerable time and resources on the selection and arrangement of the Database and its content as an original intellectual creation. DIGIDS owns the selection and arrangement of the contents of the Database and in the electronic materials necessary for its operation.
Any permission may be granted for the personal, non-commercial downloading, copying, printing, transmission and temporary storage of any content or materials on this Site, provided that you keep all copyright and other proprietary notices intact.
Data Protection and Confidentiality
For any information and details regarding the protection of your data including applicable procedures and measures please refer to our Privacy Policy, also displayed on our website.
Under the Terms, you acknowledge that you will not send to the Services Provider any personal data if you do not want that information to be processed by us in the ways described in this Terms or Privacy.
Rules of Conduct
For the use of our Services, you must be at least 18 years old and of a legal age to engage in Services in accordance with the applicable framework. By using and accessing our Website you warrant that you are 18 years old of age or older and have the legal authority to enter these Terms.
To use our Services you must not be prohibited from receiving any aspect of our Services or products under applicable laws and we must not have previously disabled your account for violation of law or any of our Policies.
You further agree that:
- you shall not attempt or encourage by any means to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorised use thereof;
- knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts our networks, accounts, Services, and software;
- engage in any activity that is illegal, fraudulent, false, or misleading;
- transmit via Services and products material that may infringe the intellectual property or other rights;
- upload or transmit any software, content, or code that does intends to harm, extract, destroy, or adversely affect the performance of the Services;
- you will not use the Services in violation of any of our policies or these Terms, or applicable law including but not limited to anti-spam, export control, privacy, anti-money laundering, and anti-terrorism laws and regulations;
- you will not engage in any activity, or action that will disrupt or affect the Company’s services, software, or the access of its Clients.
Governing Law
In case of any disagreement or dispute arising from the drafting, formation, or interpretation of the Terms of this Agreement the applicable law and regulation is the laws of Dubai. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Dubai, and you hereby submit to the personal jurisdiction of such courts.
Contact Details
You may email us at [email protected]. Feel free to contact us for any questions, or information regarding the terms depicted above.