Terms and Conditons
11. General
11.1. Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
11.2. Alteration
DigiConnect may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
11.3. Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
11.4. Waiver
No indulgence or extension of time which either you or DigiConenct may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
11.5. Cession
DigiConnect shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
11.6. Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
11.7. Applicable
laws Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of NSW, Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
11.8. Comments or Questions
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
12. Digiconnect – Services and Subscriptions
12.1. Currency
All services are charged exclusively in USD. All prices are exclusive of all applicable taxes. Other services may be charged in other currencies like AUD under same set of terms and contidion.
12.2. Software Updates
DigiConnect Australia., will make Software updates available in such form and format and in its own discretion, deems appropriate. DigiConnect Australia., is under no obligation to develop any future programs, enhancements or functionality and reserves the right when any Software Up dates will occur. You will be notified about software releases and/or new products via email and through our communication Omni channel.
12.3. Eligibility and Account Creation
In order to use the services provided by DigiConnect Australia. , you must be the age of majority in your country of residence and fully competent to understand and agree to the terms and conditions. You hereby agree and understand that : (i) you have the required rights, power and authority to enter into these terms and conditions and perform your obligations and grant the rights, licenses and authorizations you grant (ii) you and all of your subcontractors, agents, and employees will comply with all applicable laws in the performance of your obligations and exercise of your rights under these Terms and Conditions; and (iii) you will not use the Service for any purpose other than as contemplated herein. If you are using or opening an account on the Service on behalf of a retailer ("Retailer"), then you represent and warrant that you are an authorized representative of that Retailer with the authority to bind such Retailer to the Terms, and you hereby agree on behalf of such Retailer to be bound by the Terms. In such a case, references to "you" in these Terms will apply to you, your Retailer, and any other individual user authorized to use the Service on behalf of such Retailer.
12.4. Prices
The prices you see above are all inclusive except for taxes where applicable.
12.5. Your Responsibility
(i) During the creation of your account, you must provide a valid email address and other required information needed in order to complete the registration process. (ii) You are responsible for maintaining the confidentiality of your account information and login credentials. (iii) You agree to protect your account by protecting your login credentials and to reset login credentials as soon as possible if you believe that your login credentials have been compromised. (iv) You are solely responsible for any use of or action taken using your login credentials.
12.6. Billing
A valid credit card is required for the payment of the services. If you initially sign up for an account, and you do not activate your subscription, your account will be suspended and remain so until you explicitly activate your subscription by providing a valid credit card for the payment. Please note that DigiConnect Australia. will process all the payments through Paypal payment. The payment for the service is processed in advance on a monthly basis and is non-refundable. Once the payment is processed , there will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for the months unused with an open account. DigiConnect Australia. will make no exceptions in any case. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Please read that full access of the service will be provided to you only if the payment has been made. For more information about how we treat the information you provide to us, you may review our Privacy Policy, which is incorporated in these Terms by reference.
12.7. Cancellation and Termination
You are solely responsible for cancelling your account. An email request to [email protected] to cancel your account is acceptable as cancellation notice at the end of the current billing cycle. All of your data will be instantly deleted from the Service upon cancellation. This data cannot be recovered once the account is cancelled. If the service is cancelled before the end of the current paid up month, your cancellation of the account will take effect immediately and you will not be charged again. DigiConnect Australia., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DigiConnect Australia.’s service, for any reason at any time. Also termination of your Service will result in the deactivation or deletion of the account or your access to your account, and the forfeit and loss of all content in your account. DigiConnect Australia. reserves the right to decline service to anyone for any reason at any time.
12.8. Confidentiality Agreement
DigiConnect Australia. agrees to consider all appropriate steps and the same protective precautions to protect the confidentiality of the client information from disclosure to third parties as with its own confidential information. Neither party shall, without the other party’s prior written authorization, disclose any of the confidential information of the other party to any third person except to its employees and agents whose access is necessary to continue with the use of products and services.
DigiConnect AUSTRALIA Attn:
Privacy Officer P.O.Box -
815 Ingleburn.
NSW 2565. Australia