Terms and Conditions
Welcome to DigitXL (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access and use of our website digitxl.com (“Website”) and the services provided through the Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not access or use our Website.
1. Definitions
1.1 “Website” refers to digitxl.com, owned and operated by DigitXL.
1.2 “Services” refers to the services provided by DigitXL through the Website, including but not limited to consulting, analytics, marketing, and personalization services.
1.3 “User” refers to any individual or entity accessing or using our Website or Services.
2. Terms of Service
2.1 Eligibility
By accessing or using our Website and Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and comply with all applicable laws and regulations.
2.2 License and Restrictions
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal and non-commercial use. You agree not to use our Website or Services for any unlawful or unauthorized purpose, and you shall comply with all applicable laws and regulations.
2.3 User Responsibilities
As a User, you are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to promptly notify us of any unauthorized access or use of your account.
2.4 Service Availability
We strive to provide uninterrupted access to our Website and Services. However, we do not guarantee that our Website or Services will be available at all times, free from errors, or without interruptions. We reserve the right to modify, suspend, or terminate any part of our Website or Services without prior notice.
3. Services Fees and Charges
3.1 Fees and Payment
The fees for our Services will be specified on our Website or as agreed upon in a separate agreement between you and DigitXL. You agree to pay all applicable fees and charges in a timely manner. Payments are non-refundable unless otherwise stated in writing by DigitXL.
3.2 Taxes
You are responsible for any applicable taxes, including sales taxes, value-added taxes, or any other similar taxes imposed by the relevant authorities, in connection with your use of our Services. You agree to pay these taxes as required by law.
4. Intellectual Property Rights and Ownership
4.1 Ownership
All intellectual property rights, including trademarks, logos, and copyrighted content, displayed on our Website or provided as part of our Services, are owned by DigitXL or our licensors. Nothing in these Terms grants you any rights or licenses in or to our intellectual property, except as expressly provided herein.
4.2 User Content
You retain ownership of any content you submit or upload to our Website or Services (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, distribute, and display your User Content solely for the purposes of providing and improving our Services.
5. Confidentiality and Non-Disclosure
5.1 Confidential Information
During the course of using our Services, you may have access to confidential or proprietary information of DigitXL. You agree to keep such information confidential and not to disclose or use it for any purpose other than as necessary to fulfil your obligations under these Terms.
6. Limitation of Liability
6.1 Exclusion of Damages
In no event shall DigitXL or its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Website or Services, even if we have been advised of the possibility of such damages. Our total liability for any claims arising out of or related to these Terms or your use of our Website or Services shall not exceed the fees paid by you to DigitXL for the specific Services giving rise to such claims.
7. Termination
7.1 Termination by User
You may terminate your use of our Services at any time by notifying us in writing. Any fees paid for Services already rendered are non-refundable.
7.2 Termination by DigitXL
We reserve the right to terminate or suspend your access to our Website and Services, in whole or in part, without prior notice and for any reason, including but not limited to your violation of these Terms or any applicable laws.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [California, USA], without regard to its conflict of law provisions.
8.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our Website or Services shall be resolved exclusively in the state and federal courts located in [county, California, USA]. Each party consents to the personal jurisdiction of such courts.
9. Modifications and Amendments
9.1 Modifications
We reserve the right to modify or amend these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Website. Your continued use of our Website or Services after the posting of any changes signifies your acceptance of the modified Terms.
Contact Us
If you have any questions, concerns, or requests regarding this Terms of Use, please contact us at [info@digitxl.com] or via phone call at [+61 1300 561 344].