Last Updated: October 6, 2020
Introduction
The Terms and Conditions (“Terms”) describe how Digital Biz Card (DigBizCard) in Australia (“Business,” “we,” and “our”) regulates your use of this website http://www.digbizcard.com (the “Website”). Please read the following information carefully to understand our practices regarding your use of the website. The business may change the Terms at any time. The Business may inform you of the changes to the Terms using the available means of communication. The Business recommends you to check the website frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.
Privacy Policy
Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the website you acknowledge the processing of this information shall be undertaken by the Privacy Policy.
Your Account
When using the website, you shall be responsible for ensuring the confidentiality of your account, password, and other credentials and for secure access to your device. You shall not assign your account to anyone. The Business is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Business may refuse or cancel service, terminate your account, and remove or edit content.
Business does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.
Services
The website allows you to use Services available on the website. You shall not use the services for illegal aims.
We may, at our sole discretion, set fees for using the website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
Third Party Services
The website may include links to other websites, applications, and platforms (hereinafter the "Linked Sites").
The Business does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Business makes these links available to you for providing the functionality or services on the website.
Prohibited Uses and Intellectual Property
The Business grants you a non-transferable, non-exclusive, revocable licenses to access and use the website in accordance with the Terms. You shall not use the website for any unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere with the website.
All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and hereinbefore the "Content"). The Content is the property of the Business or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Business does not grant you any licenses to the intellectual property of the Business.
The Business Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the Business to use your Content in connection with the operation of Business's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content. No compensation shall be paid with regard to the use of your Content. The Business shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time. By posting, uploading, inputting, providing, or submitting your Content you warrant and represent that you own all of the rights to your Content.
No compensation shall be paid with regard to the use of your Content. The Business shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
Earn Commission as an Affiliate
These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program that is made available by DigBizCard.com. This Section (Affiliate Agreement) represents the whole agreement and the understanding between DigiBizCard.com and the individual or entity who participates in the Affiliate Program (the "Affiliate", or "you").
Please read this agreement carefully as it represents a legally binding agreement between you and DigBizCard.com. If you purchase a Digital Business Card from DigBizCard.com, you will automatically be signed up as an Affiliate (paying with a credit card will not allow you to receive commission payments). By your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. DigBizCard.com may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that DigBizCard.com believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
To be part of the Affiliate Program, you are required to provide
your PayPal ID details when creating an account. This is to allow
us to pay you commissions from DigBizCards created from your Custom
Affiliate Link.
You can become an Affiliate at anytime by updating your profile and
entering your PayPal ID.
Commissions will only be earned from the date you become an Affiliate.
DigBizCard.com will provide the Affiliate with specific Custom Affiliate Links to link advertizements and other marketing content to DigBizCard.com. DigBizCard.com will track users who have visited these Custom Affiliate Links using cookies. Only users who make a purchase while the cookie is active will be considered sales of the Affiliate and recorded as such in the Affiliate Database.
The Affiliate is not authorized to modify or alter the Custom Affiliate Links or the cookies in any way. DigBizCard.com is not responsible for any tracking or reporting errors that may result from any modifications to the Custom Affiliate Links or the cookies.
A commission will become eligible for payout ("Eligible Commission") in the following scenario:
- You are Person 1 and your market and promote your Digital Business Card to Person 2 who purchases a Digital Business Card via your custom affiliate link. A Commission of US$2 is payable to Person 1 at this point.
- Person 2 markets and promotes their Digital Business Card to Person 3 who purchases a Digital Business Card via Person 2’s custom affiliate link. A Commission of US$2 is paid to Person 2 and a commission of US$1 is paid to Person 1.
- Person 3 markets and promotes their Digital Business Card to Person 4 who purchases a Digital Business Card via Person 3’s custom affiliate link. A Commission of US$2 is paid to Person 3, a commission of US$1 is paid to Person 2 and a commission of US$1 is paid to Person 1.
- Person 4 markets and promotes their Digital Business Card to Person 5 who purchases a Digital Business Card via Person 4’s custom affiliate link. A Commission of US$2 is paid to Person 4, a commission of US$1 is paid to Person 3 and a commission of US$1 is paid to Person 2. Note: No further commissions are paid to Person 1 from this point.
- Commission payments will be made directly to the Affiliates PayPal account, on the 5th day of the month once your commissions reach US$25. if your commissions are below US$25, the commission balance will carry forward until the US$25 minimum is reached. Credit cards are unable to be used for commission payments. Please check with your payment gateway as to when they will release your funds.
Commissions for purchases made through DigBizCard.com promotional or special offers are not eligible for the payout.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default DigBizCard.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
i. Links to additional products and services offered by DigBizCard.com.
ii. advertizements for products and services offered by third-parties.
iii. An internet search engine interface.
DigBizCard.com hereby grants the Affiliate a non-exclusive, non-transferable, limited licenses to use the DigBizCard.com logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate's participation in the Affiliate Program.
The Affiliate may only display advertizements that contain DigBizCard.com logos or service marks in good taste. The Affiliate may not use DigBizCard.com's logos or service marks in a manner that, in DigBizCard.com's sole discretion, portrays DigBizCard.com in a negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
DigBizCard.com may, without prior notice, require the Affiliate to remove or modify any advertizements in DigBizCard.com's sole discretion.
The Affiliate may terminate the Affiliate's participation in the Affiliate Program with immediate effect by giving the other party written notice of termination.
DigBizCard.com reserves the right to terminate the Affiliate's participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that DigBizCard.com, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
DigBizCard.com and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on DigBizCard.com's behalf.
The Affiliate Program is provided on an "as is" and "as available" basis and the use of the Affiliate Program is at the Affiliate's own risk. DigBizCard.com makes no representations or warranties, either expressed or implied, concerning the Affiliate Program, or any service or information provided through the Affiliate Program.
DigBizCard.com is not responsible for any damages, injury, or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless DigBizCard.com, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's or any third party's operations or use of the Affiliate Program.
DigBizCard.com may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: http://www.DigBizCard.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate's continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that they are over the age of 16 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. DigBizCard.com reserves the right to terminate the Affiliate's participation in the Affiliate Program if DigBizCard.com determines, in its sole discretion, that the Affiliate's actions or its participation in the Affiliate Program are in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between DigBizCard.com and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Disclaimer of Certain Liabilities
The information available via the website may contain typographical errors or inaccuracies. The Business shall not be liable for these inaccuracies and errors.
The Business makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Business disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Business be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless the Business, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Business’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Business may assume the exclusive defence and you shall cooperate with the Business in asserting any available defences.
Termination and Access Restriction
The Business may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.
Miscellaneous
The governing law of the Terms shall be the substantive laws of the country where the Business is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Business as a result of the Terms or use of the website.
Nothing in the Terms shall be a derogation of the Business's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law, then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses, and shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Business.
The Terms constitute the entire agreement between you and the Business regarding the enjoyment of the website and the Terms supersede all prior communications and offers, whether electronic, oral or written, between you and the Business.
The Business and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Business's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Business's control.
In case of controversies, demands, claims, disputes, or causes of action between the Business and you relating to the website or other related issues, or the Terms, you and the Business agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Business is set up.
Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
Contact Information
We welcome your comments or questions about our Terms. You may contact us through the contact information available on our website.