Last Updated: September 16, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
“Affiliate”: means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Country”: refers to: the Netherlands.
“Company”: (referred to as either "the Company", "We", " Agreement) refers to DigiCorp Labs BV, a limited liability company registered in the Netherlands.
“Device”: means any device that can access the Service such as but not limited to a computer, a mobile phone or a digital tablet.
“Feedback”: means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Promotions”: refer to contests, sweepstakes or other promotions offered through or in relation to the Service.
“Service”: refers to the Website including without limitation all its features, performance and/or attributes..
“Terms and Conditions”: (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Social Media Service”: means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by or through the Service.
“Website”: refers to DigiCorp Labs, accessible from https://www.digicorplabs.com/ .
“You”: means the individual accessing or using the Service, its Affiliates, or any other legal entity on behalf of which such individual is accessing or using the Service.
These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Service and its original content (excluding Content provided by You or other users), features, attributes, trade dress and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our intellectual property rights, including without limitation such trademarks and trade dress, may not be used for whatever purpose, including without limitation in connection with any product or service, without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction upon first request.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any cost, loss or damages that You might incur, the total cumulative liability of the Company and any of its suppliers under any provision of this Terms, or in relation to the performance or non-performance of the Service, and Your exclusive remedy for any such cost loss or damages, f shall be limited to the amount actually paid by You through the Service or 100 USD in the event You haven't purchased anything through the Service, whichever is lowest.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or Consequential Damages whatsoever. For the purpose of these Terms, “Consequential Damages” shall mean:
- Consequential damages under the laws of the Country; and
- To the extent not included in the above: loss of profits, loss of use, loss of data or other information, for business interruption, , loss of privacy, in each case whether direct or indirect, and whether foreseeable or not, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms or the performance or non-performance of the Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Any exclusion or limitation of liability under these Terms shall exclude or limit such liability not only in contract but also in tort or otherwise at law. Notwithstanding anything stated elsewhere, the limitations of liability contained in these Terms shall not apply to costs, losses or damages resulting from gross negligence, fraud or wilful misconduct on the part of Company’s senior supervisory personnel.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules and choice of law principles which would deem otherwise, shall govern these Terms and Your use of the Service. Your use of the Service may be subject to mandatory local, state, national, or international laws in the country of Your residence..
Any dispute between the Company and You in connection with or arising out of the Service or the Terms shall be resolved by means of the following procedure:
Parties shall first attempt to resolved such dispute informally and in good faith by contacting between You and the Company;
In the absence of any agreement being reached on a particular dispute either party may take appropriate action in the District Courts of Rotterdam, the Netherlands to resolve the dispute at any time.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By visiting this page on our website: https://www.digicorplabs.com/