Terms & Conditions

Welcome to DigiBenders!

DigiBenders is owned and operated by DigiBenders Inc.

These are the terms and conditions for:

https://www.digibenders.com

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refer to the DigiBenders website, "we", "us", "our" and “DigiBenders” refer to DigiBenders Inc and "you" “client” and “user" refer to you, the DigiBenders user.

The following terms and conditions apply to the website and services offered by DigiBenders. This includes the mobile and tablet versions as well as any other version of DigiBenders accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM DIGIBENDERS.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of DigiBenders. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Use of the website and services is available to all ages. For children under the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the website or any of our services available on the website is appropriate for their child or minor in custody.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organisation to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organisation, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organisation and you must discontinue all use of the service immediately.

DigiBenders may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing DigiBenders with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.

3. DIGIBENDERS INC

DigiBenders offers the following services:

  • Software Development
  • Website Design
  • Design
  • Digital Marketing

DigiBenders may cancel any service and may change or discontinue the availability of services any time in its sole discretion. The price of the services will be determined by the services contracted by the client. Payment for services will be made through invoices issued by DigiBenders.

4. DISCLAIMER

By accessing the website and the content available on the website (blog), you accept personal responsibility for the results of using the information available on the content. You agree that DigiBenders has not guaranteed the results of any actions taken, whether or not advised by this website or the content. DigiBenders provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.

5. CLIENT'S MATERIALS AND CONTENT

When contracting our services, the client may provide content and material. The client retains copyright or any other rights it may have in the content and material it provides through our services. DigiBenders is not responsible for the accuracy, safety or legality of content and material provided by clients through our services. You are solely and exclusively responsible for your content and material and the consequences of including or posting such material in works provided by DigiBenders. By providing content and material through the services, you grant DigiBenders a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the content and material provided by you, for the sole and exclusive purpose of using and including it in the work DigiBenders performs for its clients.

6. THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

7. COPYRIGHT

The copyrights of all materials produced by DigiBenders will be transferred to the client until the client pays in full for the contracted services. DigiBenders reserves the right to include work produced for clients in its portfolio and to show it to potential clients.

All materials on DigiBenders, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DigiBenders or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on DigiBenders are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without DigiBenders prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilize DigiBenders or any part of the material for any purpose other than its intended purposes is strictly prohibited.

8. COPYRIGHT INFRINGEMENT

DigiBenders will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of provisions contained in Canadian and international copyright and intellectual property laws and regulations. DigiBenders respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the DigiBenders website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that DigiBenders can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

9. CONFIDENTIAL INFORMATION

Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. DigiBenders will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, DigiBenders may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.

10. PERSONAL DATA

Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

11. LICENSE TO USE THE PLATFORM AND SERVICES

DigiBenders grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that DigiBenders provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefit of the services provided by DigiBenders, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission.

You agree not to use the website and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the DigiBenders website or third parties.

DigiBenders reserves the right to terminate your access immediately, with or without notice, and without liability to you, if DigiBenders believes that you have violated any of these terms or interfered with use of the website or services.

12. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to DigiBenders or licensed to the DigiBenders by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorisation.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by DigiBenders in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by DigiBenders

13. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet DigiBenders provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse DigiBenders for any loss or damage caused as a result.

DigiBenders will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, DigiBenders excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to DigiBenders and DigiBenders shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from DigiBenders.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by DigiBenders for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify DigiBenders from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the services.

16. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

17. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DigiBenders without restriction.

18. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigiBenders as a result of this terms or your use of the services.

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by DigiBenders, shall constitute the entire agreement between you and DigiBenders concerning and governs your use of the website and the services.

20. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and DigiBenders, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. DigiBenders may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of Canada, shall have jurisdiction over any dispute, controversy or claim relating to DigiBenders and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.

21. FINAL PROVISIONS

Although our services are available globally, these terms and conditions are governed by the laws of Canada. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

22. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
DigiBenders Inc.
Email: [email protected]