1.1. Welcome to DiGiCOR. This Website provides you with an opportunity to browse and purchase various products and services we offer. Please read these terms and conditions carefully. By using this Website, this signifies that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must cease usage of this Website immediately.
1.2. DiGiCOR reserves the right to review and change any of these Terms by updating this page at its sole discretion. Any changes to these Terms take immediate effect from the date of their publication..
2.1. This Website also provides pricing on some of the configurable systems DiGiCOR offers. In order to save and/or make a further enquiry on the products and services, you must first register as a user of the Website. As part of the registration process, you are required to provide some information in order for us to further assist you with your enquiries. Please refer to our Privacy Statement on our information gathering.
2.2. You warrant that any information you give to DiGiCOR in the course of completing the registration process will always be accurate, correct and up to date.
As a user of the DiGiCOR Website, you agree to comply with the following:
You will use our products and services only for the purposes that are permitted by:
3.1. these Terms.
3.2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3.3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;
3.4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Digicor of any unauthorised use of your password or email address or any breach of security of which you have become aware;
3.5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purchase of Digicor providing its products and services;
3.6. you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic, or other means, for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
3.7. you acknowledge and agree that any automated use of the Website or its products and services is prohibited.
Please refer to the “Terms and Condition of Warranty Service and Support” in this Website
5.1. The Website and all of the related products and services of Digicor are subject to copyright. The material on the Website is protected by copyright under the laws of Australia/New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by Digicor.
5.2. You may not, without the prior written permission of Digicor: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adept or change in any way the content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Digicor takes your privacy seriously and any information provided through your use of this Website are subject to the Digicor Privacy Statement.
7.1. You acknowledge that Digicor does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products and services other than provided for pursuant to these Terms.
7.2. Digicor will make every effort to ensure the products and services are accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
7.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian/New Zealand Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.4. Subject to this clause, and to the extent permitted by law:
7.4.1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
7.4.2. Digicor will not be liable for any special, indirect or consequential loss or damage(unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products and services or these Terms(including as a result of not being able to use the products or the late supply of the products and services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise.
7.5. Use of the Website, and any of the products and services of Digicor, is at your own risk. Everything on the
Website, and products and services of Digicor, are provided to you on an “as is” and “as available” basis,
without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, third
party content providers or licensors of Digicor make any express or implied representation or warranty about its
Content or any products and services referred to on the Website. This includes (but is not restricted to) loss
or damage you might suffer as a result of any of the following:
7.5.1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
7.5.2. The accuracy, suitability or currency of any information on the Website, or any of its Content related products (including third party material and advertisements on the Website).
7.5.3. Costs incurred as a result of your using the Website, the products and services.
7.5.4. The content or operation in respect to links which are provided for the User’s convenience.
7.5.5. Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
7.5.6. Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8.1. Digicor’s total liability arising out of or in connection with the purchase products and services or these
Terms, however arising, including under contract, tort (including negligence), in equity, under statute or
otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not
paid the purchase price, then the total liability of Digicor is the resupply of information or purchase products
and services to you.
8.2. You expressly understand and agree that Digicor, its affiliates, employees, agents, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), and loss of goodwill or business reputation and any other intangible loss.
8.3. Digicor is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the purchase products and services, whether posted or caused by users of the Website of Digicor, by third party or by any of the purchase products and services offered by Digicor.
9.1. These Terms will continue to apply until terminated by either you or by Digicor as set up below.
9.2. If you want to terminate these Terms, you may do so by:
9.2.1. Notifying Digicor at any time; and
9.2.2. Closing your accounts or all of the purchase products and services which you use, where Digicor has made this option available to you. Your notice should be sent, in writing, to Digicor via the ‘Contact Us’ link on our homepage.
9.3. Digicor may at any time, terminate these Terms with you if:
9.3.1. You have breached any provision of the Terms or intend to breach any provision;
9.3.2. Digicor is required to do so by law;
9.3.3. The partner with whom Digicor offered the purchase products and services to you has terminated its relationship with Digicor or ceased to offer the products and services to you.
9.3.4. Digicor is transitioning to no longer providing the products and services to Users in the country in which you are resident or from which you use the products and services, or
9.3.5. The provision of the products and services to you by Digicor is, in the opinion of Digicor, no longer commercially viable.
9.4. Subject to local applicable laws, Digicor reserves the right to discontinue or cancel your registration to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of these Terms or any applicable law or if your conduct impacts Digicor’s name or reputation or violates the rights of those of another party.
9.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Digicor have benefited from, been subject to (or which have accrued over time whist the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
10.1. You agree to indemnify Digicor, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 10.1.1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising ou9t of or in connection with any Content you post through the Website. 10.1.2. Any direct or indirect consequences of your accessing, using or transaction on the Website or attempts to do so and any breach by you or your agents of these Terms, and/or 10.1.3. Any breach of these Terms.
These Terms are governed by the laws in Australia/New Zealand. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia/New Zealand, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.
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