Terms And Conditions
Terms & Conditions
TERMS OF SERVICE
These Terms of Service govern your rights and obligations, as users of the portals administered and managed by DIGOCLUB.Unless otherwise provided by DIGOCLUB, all new portals introduced and managed by DIGOCLUB shall be governed by these Terms of Service.
By registering an account with DIGOCLUB and accessing any of the Portals, you acknowledge and accept that your usage of the Portals (or any of them) shall be governed by these Terms of Service and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by DIGOCLUB at any time or from time to time at its absolute discretion.
The Services are provided by DIGITAL GOODS CLUB PTY LIMITED (ACN : 659 355 683) , located at 12/89-97 New Canterbury Road, Petersham, 2049, Central AUSTRALİA.
1. Definitions
In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires:
Account: means your account duly registered with DIGOCLUB to facilitate you using the Services available on the Portals (or any of them);
Buyer: means a person who purchases items on the Portals;
Gift Card: means an electronic gift card purchased on any of the Portals which contains a stored value available for redemption on the Portals;
Items: means the goods and services listed by you for sale on the Portals and “Item” shall mean any one of them;
Parties: means collectively, DIGOCLUB and you and “Party” shall mean any one of them;
Portals: means collectively, the web portals presently known as DIGOCLUB.com and such other web portals of DIGOCLUB administered and managed by DIGOCLUB;
Services: means the services provided by DIGOCLUB on the Portals, including, without limitation, reselling and retailing online games and related merchandises, games publishing, subject to the conditions in these Terms of Service;
Purchased Item: means your item listed on the Portals purchased by the Buyer;
Terms of Service : means these Terms of Service governing the use of the Services by you as may be amended at any time and from time to time as and when DIGOCLUB shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, Terms of Service for products, services or facilities, as determined by DIGOCLUB from time to time; and (ii) any documents, directives, correspondence and agreements referred to in these Terms of Service and forming a part hereof, together with any amendments made at any time or from time to time to any of the foregoing; and
2. Licence to Use
In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, DIGOCLUB hereby grants you a non-exclusive, non-transferable licence to access the Portals and use the Services upon the terms and subject to the conditions stated herein.
3. Representations and Warranties
Each time when you access the Portals (or any of them), you irrevocably and unconditionally represents and warrants that:
You are above 18 years old. Should you be less than 18 years old, your parents are aware and have consented to you accessing the Portals and using the Services;
Your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information;
You shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose the your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party;
Save as otherwise permitted by DIGOCLUB, you shall not, directly or indirectly, use the Services for any commercial purposes;
You shall not to use the Portals or the Services (or any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties;
You shall not use any intellectual property belonging to DIGOCLUB or any publishers listed on the Portals, including, without limitation, trademarks or trade names, whether registered or not, without the prior written consent of DIGOCLUB; and
You shall not be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Portals or the employees of DIGOCLUB.
You shall not directly or indirectly recruit and/or poach any customers obtained from the usage of the portals.
4. Use of Services
You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them)
It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that DIGOCLUB may issue from time to time. DIGOCLUB shall not be liable for any errors, losses or damages caused by your use of the Services.
It is your responsibility to secure the information of your Account. Any notification or confirmation received by DIGOCLUB from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
DIGOCLUB shall not be liable for acting on the notification or confirmation sent through your Account. DIGOCLUB shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by DIGOCLUB notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify DIGOCLUB upon receipt of incomplete, garbled or inaccurate data or information from DIGOCLUB. You shall also immediately notify DIGOCLUB upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.
You acknowledge and agree that DIGOCLUB may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
Unless otherwise permitted by DIGOCLUB in writing, you shall not upload, post, email transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
You irrevocably and unconditionally allow and permit DIGOCLUB to send to your Account updates on services and events offered or provided by DIGOCLUB.
5. Payment
You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by DIGOCLUB at its absolute discretion.
You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
DIGOCLUB shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
DIGOCLUB shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at [email protected]
Where possible, we will work with you and/or any user selling on our website, to resolve any disputes arising from your purchase.
6. Availability of Services
The Services are usually available on a daily basis unless otherwise specified herein.
There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of DIGOCLUB. DIGOCLUB makes no warranty that the Services will be available at the times stated herein.
Unless otherwise provided in these Terms of Service, DIGOCLUB shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
Notwithstanding any provisions to the contrary in these Terms of Service, DIGOCLUB shall be entitled to:
immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
impose conditions or restrictions on your use of the Service without notice.
8. Limitation on Liability
You agree and confirm that you shall not hold DIGOCLUB, its employees, agents or licensees, liable for any special, incidental or consequential damages arising out of and in relation to the Services or these Terms of Service.
9. Intellectual Property Rights
All copyrights, trade marks, service marks belong to the corresponding owners/publishers and DIGOCLUB is not related or associated to any of the said owners/publishers in any respect. All services offered on the Portals are offered by DIGOCLUB, not the owners/publishers.
10. Reliability of Portals
You are aware that all transactions conducted on the Portals are through telecommunication and data network.
You are fully aware that your receipt of the notification from DIGOCLUB and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that DIGOCLUB cannot guarantee the prompt delivery of such notification or confirmation.
You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
11. Account
You shall immediately notify DIGOCLUB if you are aware or believe your Account has been hacked or compromised.
You shall be liable for all transactions conducted through your Account at any time prior to the receipt by DIGOCLUB of your notification.
12. Disclosure of Information
DIGOCLUB shall be entitled and you irrevocably and unconditionally consents and authorizes DIGOCLUB to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Portals to such extent that DIGOCLUB may at its absolute discretion deem fit to:
such persons as DIGOCLUB may be required to disclose under the applicable law;
such other persons or entity pursuant to any governmental directive or order of the court; or
any other party whomsoever as DIGOCLUB deems fit.
DIGOCLUB will not disclose your personal information to any other party without prior notification to you.
13. Applicable Laws and Regulations
Your use of the Services shall be governed by the jurisdiction where the contracting entity of DIGOCLUB is domiciled.
Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
14. Suspension, Termination, Cancellation of Services
The Services (or any part thereof) may be cancelled by DIGOCLUB at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as DIGOCLUB may at its absolute discretion determine.
DIGOCLUB reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that DIGOCLUB may at its absolute discretion determine.
Upon cancellation or termination of the Services (or any part thereof):
all rights granted to you hereunder shall immediately terminate and shall revert to DIGOCLUB;
you shall immediately pay to DIGOCLUB all outstanding fees and charges due and owing to DIGOCLUB;
DIGOCLUB may at its absolute discretion, decide not to act on any request received by DIGOCLUB after the effective date of termination;
DIGOCLUB may at its absolute discretion, decide not to act on any confirmation or request received by DIGOCLUB between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and
you hereby irrevocably and unconditionally authorises DIGOCLUB to deduct all money due and owing by you to DIGOCLUB (if any) from the moneys that are payable by DIGOCLUB to you in respect of the delivered Purchased Items.
15. Notices
All notices and documents required to be given by you under these Terms of Service to DIGOCLUB shall be sent to DIGOCLUB by registered post to the DIGOCLUB’ address listed on the Portals. Any notice or document sent by you to DIGOCLUB shall be deemed served when such notice or document is received by DIGOCLUB.
All notices and documents required to be given by DIGOCLUB under these Terms of Service to you shall be sent to you by any one of the following methods:
electronic mail to your last known electronic mail address according to DIGOCLUB’ records;
posting the notice or communication on the Portals;
notices placed with or in any of DIGOCLUB’ written communications to you;
notices placed through any media; or
any manner of notification as DIGOCLUB may at its absolute discretion determine.
Any notice or document or communication given by DIGOCLUB to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
16. Waiver And Severance
Any failure by DIGOCLUB to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service.
In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable DIGOCLUB shall amend that provision in such reasonable manner as would achieve the intention of DIGOCLUB or at the discretion of DIGOCLUB it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
17. Variation
These Terms of Service may be modified, added to, deleted or varied by DIGOCLUB by way of posting on the Portals or in any such other manner as DIGOCLUB may in its absolute discretion determine.
You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
18. Assignment
You may not assign its rights under these Terms of Service without the prior written consent of DIGOCLUB.
19. Binding Effect
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.
Privacy Policy
DIGOCLUB knows that you care about your privacy and the use of your personal information. This notice describes our Privacy Policy. This Privacy Policy applies to information we collect about you from any source and in any way – through our Websites, applications or other Internet based interactions, in our retail stores.
We Gather the Following Personal Information About Guests:
Information That You Give Us: We receive and store any information you enter on our Websites or that you give us in any other way. You can choose not to provide certain information, but this will limit your ability to purchase products offered on the Websites, or to take advantage of some features or promotions.
When you place an order with us online, in a store or in any other way, your contact information is used to communicate related information, such as order and shipment confirmation, release date changes and requests for more information to facilitate processing your order. You may opt-out of these communications by canceling your order.
We obtain information about you when you search, buy, participate in a contest or questionnaire, , or otherwise contact us or post information on our Websites. For example, you provide information when you search for a product; place an order through a Website or provide information to update or create your account with us (you may have more than one account if you have used more than one email address when shopping with us); communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form; create any wish or gift list; participate in any forums or discussion areas or product reviews; or create any alerts or other email notification services we may offer now or in the future. The information collected typically includes your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; content of reviews you may provide; emails to us; and any other personal information that you provide to us or post on the Websites.
The information we receive or can determine from your interaction with our Websites includes your Internet (IP) address; login and password information; email address; web browser type and version; preferred language; geographic location using IP address or the GPS, wireless, or Bluetooth technology on your device; operating system and computer platform; purchase history, which we may aggregate with similar information from other guests or keep in non-aggregated form; the full Uniform Resource Locator (URL) clickstream to, through, and from our Websites, including date and time; one or more unique identifiers; products you viewed or searched for; areas of our Websites you visited; and the phone number you used to call our toll-free number. We also may log the length of time of your visit and the number of times you visit and purchase from us. We assign you one or more unique identifiers to help keep track of your future visits.
You contact us at [email protected] if you wish to request change or removal of the information collected.
Mobile location services: Certain stores may also collect and use location information from mobile devices. Location information allows us to learn more about how guests use our stores to enhance the guest experience and, in certain circumstances, deliver push notifications and other content to your mobile device when you are near, enter and move through our stores, and send or provide you with offers and promotional information that we believe may be of interest to you. You may prevent or limit collection of location information by turning off your mobile device or antennas, such as WiFi or Bluetooth, and opting out of location services on your device.
For more information, please read the Terms and Conditions with full and binding information. If you have any further questions, you can contact our Live Support Team or email us at [email protected].
