By using this site you are agreeing to comply with and be bound by the clauses detailed here. If you do not agree, you must not obtain goods, services or products from this site. If you buy or sell on this site and are dishonest, you will allow us to reclaim any money paid to you plus legal fees.
"Site" shall mean the website DigiCounted.com
"Us/We" means DigiCounted Limited registered in England and Wales with company number 14178219 and any business or other person to whom any or all our rights and responsibilities under this Agreement may be transferred or delegated.
"Member" shall mean you, following the joining of this site by registering your details for the purposes of logging in.
"Digital Products" shall mean video courses, software, tools, apps, website templates and scripts.
"Third Party Content Provider" shall mean video course, software, app, website template, scripts owner or retailer.
"Use of Website Terms" are defined and refers to the use of this website.
"Supply of Services Terms" are defined and refer to the provision of digital products such as online video courses, website templates, software and scripts that are purchased on this website, and the payment of money or credit for the sale of the same.
Limitations on investment guidance and professional advice
Information appearing on the DigiCounted Site is intended to be general and educational in nature. It is not intended to be, and should not be construed as, legal, tax, investment or insurance advice. DigiCounted.com does not provide legal, tax or investment advice. Brokerage products and services are not offered through the DigiCounted Site. Nothing on the DigiCounted site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by DigiCounted or any third party. You are solely responsible for determining whether any digital product or related transaction is appropriate for you based on your investment objectives, financial circumstances and risk tolerance. You should consult your legal, investment or tax professional regarding your specific situation.
Use of Website Terms
By using this site you are agreeing to comply with and be bound by the clauses detailed here. If you do not agree, you must not use the website in any way and must not browse, read, or interact with the website. By using the website you are agreeing to the clauses on this webpage.
1. Acceptance of Terms and Conditions of use. By using the site you agree to the terms and conditions outlined in the clauses and detail on this webpage. This Agreement combined with the Terms and Conditions for Supply of Service constitutes the entire and only agreement between us and you and supersedes all prior agreements with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase on our site indicates that you have read and accepted these terms and conditions inclusive of Clauses 1 to 32.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Clause 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right to such information and materials.
3. Fraud. By becoming a member, you confirm that the information you provide is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by us in our sole discretion. If membership has been revoked, we reserve the right to refuse application or readmission as a member.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and not for resale or redistribution.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.
7. Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. The information provided on this site has been gathered by us using reasonable endeavour. Information and services may contain errors and bugs, problems or other limitations. We have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, loss of profit, litigation or similar, for whatever reason. No advice or information obtained by you from us through the site shall create any warranty or representation of guarantee not expressly stated in this agreement.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from the use of or inability to use this site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10. Lapsed Accounts. In order to keep the site membership register current, if a Member does not access his or her account for a period of 90 days or more, we may, at our sole discretion, terminate such Member's account. We will endeavour to notify a Member of our intent to terminate such Member's account by notice to such Member's provided email address at least 2 days prior to deactivation. If the Member fails to respond to such email notice within 5 days after the day it is sent by us, such Member's account will be terminated as noted above. Therefore, we strongly recommend that all Members keep their accounts and contact data current and in use. While we desire to prevent active accounts from being terminated prematurely, we have no obligation to maintain accounts that appear to have been abandoned. Each Member agrees that failure to access his or her account for 90 days or more, conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
11. Verify Members' Addresses and Names. We reserve the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from us.
12. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
13. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We store data you typed into our website, and save emails and messages you sent to us through email and our chat facility. We also collect information on the device you use in order to correctly format a web page, and assist in anti-fraud activity if we have reason to suspect somebody is using your device or account for fraudulent purposes.
Any personal data we gather and hold is for our own use and will not be passed to a third party unless necessary to provide a service (such as delivery), or to verify your mobile number, or to complete due diligence, or we are legally obliged to do so, or you have been involved in a transaction where fraud was committed. We maintain customer confidentiality until there is overwhelming evidence or legal obligation, and we always inform the customer before passing any details to the authorities unless the authorities have forbidden us from doing so.
This list below explains how your data is processed...
1. Delivery address is printed onto envelopes when dispatching physical products.
2. Mobile number is passed to a third-party gateway to send a confirmation SMS message.
3. Email address is passed to a third-party processor for sending out newsletters. Every newsletter has an opt-out link, and using the opt-out link will remove you from all future marketing and promotion emails. Declining opt-in or using the opt-out link does not preclude you from receiving non-promotional newsletters such as details on new features. To stop all emails, use the Cancel my account button detailed in clause 16 below.
4. Bank Account number is passed to our bank to make payments.
5. Credit Card details are passed to our payment processor who are PCI DSS approved to the highest level of compliance. We do not store any credit details but do store tokens which are unique to your credit card.
6. Bank Account number, billing address, email address, telephone number, data from driving licence and other forms of ID are sent to our trusted credit reference agency
If you have never transacted with us (bought digital products) your data will be deleted within 24 hours and the rest of this clause is not attributable to you.
1. If you have transacted with us your data will be scrambled for anonymity on our internet server, and held in our accounting system for purposes of sale and purchase agreements.
18 months after cancellation, account data unrelated to financial transactions and anti-fraud efforts will be destroyed.
2. If your account is inactive for a set period, you will be informed that it will be cancelled, and after a period pending cancellation, it will be cancelled.
. Under the General Data Protection Regulation (GDPR) you have a right to access a copy of the information comprised in your personal data. To exercise this right or any other rights under GDPR, send an email to [email protected]
with the subject "GDPR data access request". After receipt of the request, we will send you a link to a page on the website where you confirm your request. We will provide the data within the required timeframe from confirmation, which is currently 1 month. We do not accept requests any other way.
19. Clauses 19-32 relate to "Supply of Service Terms" and should be read in conjunction with the clauses on this webpage as all clauses together constitute the whole agreement between us.
Supply of Service Terms
By using this site you are agreeing to comply with and be bound by the clauses detailed here. If you do not agree, you must not use the website in any way and must not browse, read, or interact with the website. By using the website you are agreeing to the clauses on this webpage and on the "Use of Website Terms" webpage.
For definitions see the main Terms and Conditions webpage
"Supply of Service Terms" shall mean the clauses and details in this webpage/document and relate to the Terms and Conditions of the Supply of Service
Acceptance of Terms and Conditions of Supply of Service. By using the site you agree to the terms and conditions outlined in the clauses and detail on this webpage. This Agreement combined with the "Use of Website Terms" constitutes the entire and only agreement between us and you, and supersedes all prior agreements with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Additionally, completing a purchase on our site, indicates that you have read and accepted these terms and conditions inclusive of Clauses 1 to 32.
20. Payments. You represent and warrant that if you are purchasing something from us or from our Agents that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any delivery fees and applicable taxes.
21. Cancellation and Return Policy You may cancel your purchase up to the point of dispatch. by using the "Cancel" button from the order within the My Accounts Buy History page. Once an item is being prepared for dispatch, it can no longer be cancelled. If you cancel before dispatch no money will be taken from your payment method, or if money was taken it will be refunded.
22. Goods Not As Described Policy. Buyers are required to start a screen recording with the Loom software tool (Mac, Windows, iOS) before they request access to digital products or they will lose any trade dispute. Any Loom video that appears edited, paused, tampered with, excessively delayed, or is uploaded to YouTube or any domain other than Loom.com will be strictly rejected.
If your recording shows that the product value is not as described, please request a refund by opening a new support ticket from the support link on your user dashboard. Buyers have the refund period (1 hour) to request a refund or open a dispute. Decisions made by our appeal team about products purchased is final.
1. Compromised data in your care: Any of your associates including family, friends, colleagues, suppliers or casual acquaintances gets access to the digital product; or, any person gets access to your email or any of your online accounts or devices and is able to access the digital product, we will not refund your purchase.
2. Third-party content provider closes your account or revokes the digital product for any reason: We have no control over your use of the third-party website, and if the retailer determines your use to be in contravention of their policy and T&Cs we cannot be held responsible.
3. Consequential loss: Any loss you endure after using or attempting to use a digital product purchased from DigiCounted cannot be attributed to us.
23. Right To Refuse An Order. We reserve the right to refuse any order placed. Additionally, if there was a mistake in the price of an order or coupon. applied, we reserve the right to notify you to pay the difference or cancel the order. We reserve the right to cancel the order at any time.
24. Proper Law and Jurisdiction. This agreement shall be governed and construed in accordance with the laws of England and Wales. In the event of a dispute arising that the parties are unable to settle amicably, they agree to submit to the non-exclusive jurisdiction of the English courts.
25. Minors. If you are under 18 and consequently too young to be bound by certain clauses in this agreement, your parent or legal guardian are automatically legally bound by these terms on your behalf.
ALL USERS SHALL ABIDE BY THE KYC, ANTI-MONEY LAUNDERING, ANTI-TERRORIST FINANCING, AND LEGALITY PRINCIPLES SET OUT IN THE POLICY:
26. Users shall strictly comply with the platform’s KYC policy (including but not limited to the real-name verification requirement) concerning Users’ identity and Users shall ensure that the Accounts they use on the platform (the “Platform”) are legally registered and only used by themselves.
27. When triggering the Platform’s anti-money laundering and anti-terrorist financing alarms, Users shall actively cooperate with the platform in its verification, and assist in providing any risk control evidence as needed (subject to the platform’s risk control measures then effective).
28. If Users failed to comply with (clauses 26 and 29), the Platform has the right to disable all or any part of the features of their Accounts.
29. Users shall be responsible to ensure that they have the legal rights to the transaction in accordance with applicable laws. The Platform shall not be responsible for the legality or illegality of Users’ transactions in any way. The Platform may (but is not obliged) review the transactions carried out by users for legality as necessary and take actions in accordance with applicable laws and regulations.
30. Please use the payment method with the account owner name that is consistent with your registered name on DigiCounted (The name must be identical with the KYC Verified name on DigiCounted.) The Platform does not support non-real-name verified payment methods. The User’s account will be suspended for a minimum of 15 days if a non-real-name verified payment method has been used.
31. In case of any violations the Platform may, in accordance with this Policy, the Terms or relevant laws and regulations, or in its sole discretion, take measures as it considers fit, including but not limited to freezing the violator’s account or disabling any account functions on the DigiCounted trading platform or/and the Platform.
32. To get refunded for an inaccurate digital product, use the "loom" software to record your digital product redemption process. Failure to record the redemption will lead to the denial of an appeal.
No Warranty; Limitation of Liability; Assumption of Risk
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGICOUNTED SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. DIGICOUNTED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. DIGICOUNTED IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS TO THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT DIGICOUNTED WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER, CAUSED.
IN NO EVENT SHALL DIGICOUNTED, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DIGICOUNTED HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF DIGICOUNTED GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In using our Services, you may view content or utilize Services provided by other third parties (the “Third Parties”), including hyperlinks to the Third Parties’ websites and services of such parties (the “Third Party Content ''). We do not endorse, adopt or control any Third Party Content and will have no responsibility or liability for such Third Party Content whatsoever. In addition, your dealings or correspondence with such Third Parties are solely between you and the Third Parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your usage of the Third Party Content, and your interactions with Third Parties, is solely at your own risk.