Terms & Conditions
These Terms of Service govern your rights and obligations, as users of
the portals administered and managed by NODWIN GAMING PVT LTD ( termed as Digistore).
Currently, there is only (1) portal managed by Digistore namely, www.digistore.co.in, unless
otherwise provided by Digistore and all
other Portals introduced and managed by Digistore shall be governed by
these Terms of Service.
By registering an account with Digistore 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 Digistore at any time or from time to time
at its absolute discretion.
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 |
|
Buyer |
: |
means a person |
|
Gift Card |
: |
means an |
|
Items |
: |
means the goods |
|
Parties |
: |
means |
|
Portals |
: |
means |
|
Services |
: |
means the |
|
Terms of Service |
: |
means these Terms |
|
Virtual Items |
: |
means |
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, Digistore
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 Digistore, 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 Digistore or any
publishers listed on the Portals, including, without limitation, trademarks
or trade names, whether registered or not, without the prior written
consent of Digistore; 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 Digistore. - 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 Digistore may
issue from time to time. Digistore 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 Digistore 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. - Digistore
shall not be liable for acting on the notification or confirmation sent
through your Account. Digistore 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 Digistore 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 Digistore upon receipt of incomplete, garbled or
inaccurate data or information from Digistore. You shall also immediately
notify Digistore 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 Digistore may at its absolute discretion refuse
or permit you to use the Services without giving any reason or notice
thereof. - Unless
otherwise permitted by Digistore 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 Digistore to send to your
Account updates on services and events offered or provided by Digistore. - You
acknowledge and agree that Digistore will not be liable for kind of
chargebacks as it is your responsibility to secure the information of your Account.
5. Virtual Items
- All
Virtual Items reflected in the Account are not actually owned by you. - You
merely have a licence to use the Virtual Items on the Portals (or any of
them) for a particular period of time or in accordance with such terms as Digistore
/ Game Companies may impose from time to time. - The
value of the Virtual Items reflected in the Account does not represent any
credit value in real currency. The Virtual Items cannot be exchanged for
real cash.
6. 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 Digistore 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. - Digistore
shall have the absolute discretion to cancel any payment request made by
you without assigning any reasons whatsoever. - Digistore
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.
7. Sale of Items by Game Publishers
- You
may list and sell your Items on the Portals in accordance with the
procedures set out herein. Prior to you listing your Items on the Portals,
you must submit to Digistore, your telephone number and email address. - Digistore
may at it absolute discretion:
a. remove or
suspend, without any notice to you, any of the Items listed by you if Digistore
is of the opinion that you have breached the terms of these Terms of Service
viz-a-viz such Items;
b. categorise
you into the relevant group of sellers based on Digistore’ criteria; and
c. determine
the range of prices for each Item listed on the Portals.
- By
listing the Items on the Portals, you have acknowledged and confirmed
that:
a. you are
the legal and beneficial owner of the Items; and that you have permission to
the usages of any pictures that you have uploaded.
b. you have
the right to list and sell the Items;
c. you are
able and ready to transfer title and interest in the Items to the Buyer as and
when the Buyer makes payment to Digistore;
d. you
warrant and represent to all persons viewing the Items on the Portals that the
Items are accurately described, good quality and fit for their respective
purpose; and
e. you are
licensed to use the intellectual property contained or comprised in the Items
and/or pictures and you have not infringed any third-party intellectual
property rights.
- You
acknowledge and agree that Digistore is merely acting as a provider of the
Portals which enables you to use the Services. Digistore shall not in any
manner whatsoever be construed, at law or otherwise, to owe a fiduciary
duty to you in respect of the obligations on the part of the Buyer to pay
the price of the Purchased Item and the amount of such payment. - You
shall resolve directly with the Buyer, any claims or complaints made by
the Buyer in respect of the price, quality and condition of the Purchased
Items. You shall be liable for all claims in relation to and in connection
with the Purchased Items, including, without limitation, defective quality
and mis description of Purchased Items. - You
shall deliver the Purchased Item to the Buyer upon our notification to you
that the Buyer had paid to us, the purchase price of the Purchased Item.
Such delivery of Purchased Item shall be in accordance with Digistore’
delivery procedures. In amplification, all communication tools provided by
Digistore are strictly for performing the delivery of the Purchased Item
to the Buyer. You are not permitted to use such communication tools for
any other purposes. - You
shall indemnify and keep Digistore indemnified in respect of loss or
damage or against any claims, proceedings, costs, demands, liabilities and
expenses whatsoever sustained or incurred by Digistore as a result of a
breach of warranties or representations or any terms and conditions of
these Terms of Service by you or your failure to perform any of your
obligations under these Terms of Service. - You
hereby irrevocably and unconditionally authorise Digistore to forward your
contact information to the relevant Buyer upon the Buyer’s payment of the
Purchased Item with us. - Upon
Digistore’ satisfactory receipt of the requisite documents and
confirmation from you as evidence that you had delivered the Purchased
Items to the Buyer in accordance with Digistore’ delivery procedures, Digistore
will credit the purchase price of such delivered Purchased Items into the
Account in the form of Store Credit, after deducting the handling costs
and fees due and payable by you to Digistore for such delivered Purchased
Items Provided Always that Digistore has not received any notice of
dispute from the Buyer. In this respect, you hereby irrevocably and
unconditionally agree and authorise Digistore to make such deductions of
handling costs and fees from the purchase price of such delivered
Purchased Items. For the avoidance of doubt, any payments made by Digistore
to the Account shall be in accordance with the timeframe and cut-off time
determined by Digistore, subject to such variation or modification as Digistore
shall in it absolute discretion determine from time to time. - If
you fail to resolve a dispute with the Buyer pursuant to Clause 7.5, and
such dispute is referred to Digistore for resolution (“Referred Dispute”),
you hereby irrevocably and unconditionally authorize Digistore to make a
final decision at its absolute discretion. - If Digistore
resolves the Referred Dispute:
a. in favour
of the Buyer, then, you hereby unconditionally and irrevocably authorize Digistore
to refund to the Buyer all payments made by the Buyer in respect of the
Purchased Items forming the subject-matter of the Referred Dispute. You shall
bear all costs and fees incurred by Digistore in making such refund to the
Buyer; or
b. in your
favour, Digistore shall then release to you, the purchase price of the
Purchased Items forming the subject-matter of the Referred Dispute after
deducting all costs and expenses incurred by Digistore in resolving the
Referred Dispute.
- In
the event that you wish to withdraw the purchase price of the Purchased
Items from the Account, you are then required to submit to Digistore, a
copy of your identity card or passport. - DIGISTORE IS NOT RESPONSIBLE FOR ANY KIND OF CHARGEBACK ARISES DUE TO CUSTOMER NEGLIGENCE. ALL THE PAYMENTS ARE PROCESSED BY RBI APPROVED PAYMENT GATEWAYS. ONCE THE CODE / SERIAL KEYS ARE SENT TO CUSTOMER. THERE WILL BE NO REFUND OF AMOUNT UNDER ANY CIRCUMSTANCES. in case , the product is not in working condition, a replacement code will be given to the customer after verification.
- Kindly make sure , the purchase of product is legal in your state. Digistore doesn`t take any responsibility if the customer buys the product which is banned in his territory. Customer is solely responsible for his actions & knowledge.
8. 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 Digistore. Digistore makes no warranty that the Services will
be available at the times stated herein. - Unless
otherwise provided in these Terms of Service, Digistore 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, Digistore shall
be entitled to:
a.
immediately terminate, discontinue, withdraw or suspend your use of the
Services without notice; or
b. impose
conditions or restrictions on your use of the Service without notice.
- In
addition to and not in derogation of Clause 8.4, if you do not utilise the
Services for a continuous period of three (3) months, Digistore may, at
its absolute discretion, charge a fee for the maintenance of your Account.
9. Gift Card
- Each
Gift Card must be redeemed in a single transaction by purchasing any
Services on any of the Portals. If the transaction value is more than the
Gift Card value, such Gift Card value in excess of the transaction value
will be credited into the Account as Store Credit. If the transaction
value is more than the Gift Card value, you are required to settle the
shortfall with the Store Credit available in the Account or such methods
of payment available on the Portals. - Each
Gift Card is not transferable and cannot be exchanged with cash. - Digistore
shall not be liable for any Gift Card that is stolen, misplaced or misused
without authorisation. For the avoidance of doubt, Digistore shall not be
obliged to enquire or verify at the redemption of the Gift Card, if such
Gift Card has been properly obtained. - if Digistore
has any doubts as to the authenticity of a Gift Card, Digistore shall have
the absolute discretion to withhold, suspend or cancel such Gift Card
without any prior reference to you. - Each
Gift Card shall be subject to such further rules and regulations as Digistore
may introduce at any time or from time to time. - Each
Gift Card shall automatically expire on the last day of the second (2nd)
year from the day when that Gift Card was first purchased or such other
timeframe as Digistore may determine, without prior notice given by Digistore.
10. Limitation on Liability
- You
agree and confirm that you shall not hold Digistore, 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.
11. Intellectual Property Rights
- All
copyrights, trade marks, service marks belong to the corresponding owners
/ publishers and Digistore is not related or associated to any of the said
owners/publishers in any respect. All services offered on the Portals are
offered by Digistore, not the owners/publishers.
12. 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 Digistore and
vice versa may be delayed or prevented by factors affecting the relevant
service providers and other relevant parties. You accept that Digistore
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.
13. Account
- You
shall immediately notify Digistore 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 Digistore of your notification. - Digistore
will not be held liable for any chargebacks.
14. Disclosure of Information
- Digistore
shall be entitled and you irrevocably and unconditionally consents and
authorises Digistore 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 Digistore may at its absolute discretion deem
fit to:
a. such
persons as Digistore may be required to disclose under the applicable law;
b. such other
persons or entity pursuant to any governmental directive or order of the court;
or
c. any other
party whomsoever as Digistore deems fit.
- Save
as otherwise permitted , Digistore will not disclose your personal
information to any other party without prior notification to you.
15. Applicable Laws and Regulations
- Your
use of the Services shall be governed by the jurisdiction where the
contracting entity of Digistore 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. - You
shall fully indemnify, defend and hold Digistore and its related
corporations harmless from and against any and all suits, actions,
judgements, damages, costs, losses, expenses (including legal fees on a
solicitors and client basis) and other liabilities arising from a breach
or contravention or non-compliance with any provision of this Clause.
16. Suspension, Termination, Cancellation of Services
- The
Services (or any part thereof) may be cancelled by Digistore 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 Digistore
may at its absolute discretion determine. - Digistore
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 Digistore may at its absolute
discretion determine. - Upon
cancellation or termination of the Services (or any part thereof):
a. all rights
granted to you hereunder shall immediately terminate and shall revert to Digistore;
b. you shall
immediately pay to Digistore all outstanding fees and charges due and owing to Digistore;
c. Digistore
may at its absolute discretion, decide not to act on any request received by Digistore
after the effective date of termination;
d. Digistore
may at its absolute discretion, decide not to act on any confirmation or
request received by Digistore 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
e. you hereby
irrevocably and unconditionally authorises Digistore to deduct all money due
and owing by you to Digistore (if any) from the moneys that are payable by Digistore
to you in respect of the delivered Purchased Items.
17. Notices
- All
notices and documents required to be given by you under these Terms of
Service to Digistore shall be sent to Digistore by registered post to the Digistore’
address listed on the Portals. Any notice or document sent by you to Digistore
shall be deemed served when such notice or document is received by Digistore. - All
notices and documents required to be given by Digistore under these Terms
of Service to you shall be sent to you by any one of the following
methods:
a. electronic
mail to your last known electronic mail address according to Digistore’
records;
b. posting
the notice or communication on the Portals;
c. notices
placed with or in any of Digistore’ written communications to you;
d. notices
placed through any media; or
e. any manner
of notification as Digistore may at its absolute discretion determine.
- Any
notice or document or communication given by Digistore to you shall be
deemed to be served and received by you on the day following the sending
of such notice or document.
18. Waiver And Severance
- Any
failure by Digistore 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 Digistore shall amend that provision in such
reasonable manner as would achieve the intention of Digistore or at the
discretion of Digistore it may be severed from these Terms of Service and
the remaining provisions remain in full force and effect.
19. Variation
- These
Terms of Service may be modified, added to, deleted or varied by Digistore
by way of posting on the Portals or in any such other manner as Digistore
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).
20. Assignment
- You
may not assign its rights under these Terms of Service without the prior
written consent of Digistore.
21. 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.
22. Refund Policy / Chargebacks
Once receiving your order there are absolutely no refunds. The delivered product is guaranteed to be exactly as described and in working
condition, if your delivered product is not as described or not in working
condition, email us at within 24 hours of delivery. We will get it resolved asap.
NODWIN GAMING, does not take responsibility for any kinds
of chargebacks. The customer is solely responsible for it.