TERMS & CONDITIONS

KEY DEFINITIONS

Hi, we’re Digenixa and welcome to our website, a world leading creative store of digital Items created by us for businesses around the world. When we say ‘we’, ‘us’ or ‘Digenixa’ it’s because that’s who we are and we own and run the Digenixa website.

These terms and conditions apply to all transactions and purchased made on the Digenixa website. Please note that Digenixa provides professional business to business services and products, therefore you will be treated as a business in relation to any service or product that is purchased via the website. If you wish to be treated as a consumer please contact us prior to purchase.

‘Contract’ – A formal contractual relationship in respect of any transaction only exists between you and us from the point at which we accept your order. This acceptance may be automated, where fulfilment is automated, or it may be manual and occur only when manual fulfilment is initiated

These terms and conditions together with our Privacy Policy and our Terms of Use (together, the ‘Terms’) provide you with information about us and apply to any contract between You and Us. Please read these Terms carefully and make sure you understand them before ordering anything from our website. We will also notify you, at the point of purchase if there are any additional terms and conditions that may apply to any specific contract made between us.

For Digital Content – by clicking on the pay now button and making payment, you are agreeing to purchase a product or service which means there are no cancellation rights applicable, unless no custom work has been completed on our behalf. Digital content will be downloaded either as a PDF or ZIP File. Where bundles have been purchased, the download may be in a form of a zipped folder. All content will be provided in English and shall not have the capability to be customised and shall only be editable to your requirements by us.

For Physical Products – upon confirmation of purchase, the item will be dispatched in line with the Delivery information specified during the purchase process. Where a third party is being used to fulfil the purchase, we cannot be held responsible for any delay that it outside of our control.

For Custom Products – by clicking on the pay now button and making payment, you are agreeing to receiving a personalised digenixa product in line with the appropriate sales page. The personalised feedback will be provided in the form of a video for which you will receive a link. Please ensure you download the video for your records as they will be deleted after 30 days.

PRICES

Our prices are as set out on our website, which may vary from time to time. Any changes will be done by updating our website. Price changes will not be retrospective. At present, the prices are not subject to VAT (value added tax), though this may change in the future.

We may offer special plans, prices or offers limited to certain geographical areas or for a limited time. We may use information such as geographical location information, or other information associated with your account or method of payment to determine your eligibility for a price, plan or offer. Eligibility for certain plans, prices or offers are determined by us at our sole discretion and we reserve the right to adjust the pricing for your product or service in the event that we determine you are not eligible for a particular plan, price or offer, on the basis of your geographic location..

CANCELLATIONS

If you are a consumer, you generally have legal right to cancel a contract however, the law does not extend to business buyers, so in law the clauses below do not apply to transactions with organisations.

In addition, this cancellation right does not apply in the case of:

• digital contents (software, e-books, audio books, PDFs, or other electronic templates, books or reports) once a download has started; or
• any products or digital contents that are made to your specifications or are clearly personalised.

Prior to purchase you will be made aware that any downloadable content will be provided immediately and therefore you lose your right to cancel. Where content isn’t provided immediately and requires additional information from you, you will have the right to cancel, as detailed below. Please note that once you have provided the information needed to deliver the service, you will lose your right to cancellation, as work will have already commenced on the service.

Where cancellation rights apply, you have the right to cancel within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise your right to cancel, you must inform us of your decision to cancel the contract by a clear statement using the contact details available on the website. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

In the event that you cancel the contract, we may hold reimbursement until we have received the goods back, which should be in a re-sellable condition. In addition, you will bear the direct costs of returning the goods.

DISCLAIMER

You agree that:

• You alone are responsible for your compliance with the relevant data protection regulations and any other relevant laws and regulations, not limited to those relating to personal data.
• In the event that you purchase a template, you are responsible for ensuring it reflects your business requirements and is used appropriately for your business. The provision of templates does not constitute legal advice.
• We will not be liable for any delay in providing advice or guidance in line with our agreed Services where the circumstances are outside of our reasonable control.
• You are responsible for following the advice/guidance provided by us in line with our agreed Services. If you do not follow the advice provided, we are not liable for any consequences, either financial or otherwise.

LIMITATION OF LIABILITY

Our total liability under or in respect of any contract will not exceed the amounts paid by you under that contract. We will also not be liable for consequential, indirect or special losses of any sort, nor will we be liable for any matters arising out of the use of any templated policies purchased.

INTELLECTUAL PROPERTY

You acknowledge that we own the intellectual property in any/all products or services purchased from us.

You also acknowledge that use of our website, or purchase of products from our website or a third party, does not provide any licence for the use and/or modification of our intellectual property (including trademarks and other copyrights) other than in circumstances specifically identified and provided for in relation to a specific product. You are granted a non-exclusive, limited-use, non-transferrable licence of this Intellectual Property, should you purchase any templates, or any product we agree to develop or produce for your specific purpose.

You therefore agree that, if you do use any of our intellectual property without our prior explicit permission, we may require you to cease and desist from such use and/or pay us an appropriate fee for that use and/or pay us a penalty fee for that use.

GENERAL

Before purchasing from the website, you are responsible for ensuring you are at least over 18 years old and legally capable of entering into a contract. If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it will be binding in that changed or reduced form.

Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.

No waiver by us in exercising any right, power or provision hereunder will operate as a waiver of any other right or of that same right at a future time; nor will any delay in exercise of any power or right be interpreted as a waiver.

These terms will be governed by and construed in accordance with the laws of England and you explicitly accept that only the law courts of England have jurisdiction to deal with any matter arising from or in any way, whether directly or indirectly, related to the use of this website and, accordingly, you explicitly waive all and any rights to bring any action of any sort in relation to this website, or to any transaction carried out with it, or any data stored on it or provided to it in any court anywhere else in the world.

ISSUES

If you have any issues or feedback in relation to any of the services or products that you have purchased, please contact us at info@digenixa.com

Date Last Reviewed: December 2023