TERMS AND CONDITIONS OF USE

Last updated: 30th July 2020

The terms of use for the website and application are given in this document. This terms of use document (“agreement”) constitutes a legal agreement between you, either an individual or a company (“You”, “User”) and Sailax Holdings Pty Ltd (“Company”, “Sailax”, “We”), an Australian based entity. The agreement governs your usage of the Company’s website (www.digitalbusinesscards.com.au), mobile application and other associated services.

The website and mobile application provide users with a modern and elegant way to scan, create, design and share business cards online. The website provides users with the ability to view the company’s products, services, features, benefits, price and other information that might help the user understand the usage of the service. The mobile app provides the users with the platform to scan, create and manage business cards. With the services of the company, the user could replace his/her usage of paper business cards.

Note: You may view or download the most current version of the terms at any time on Sailax’s website at https://digitalbusinesscards.com.au/terms. By accessing our website / mobile application / any of the other associated services, you accept and agree to be bound by all the terms and conditions of the agreement. You also acknowledge that these terms could change from time to time and it is the user’s responsibility to review them on a timely basis. By continuing to use the service after the revision date of any such changes shall constitute consent to such changes.

IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SERVICE OR TERMINATE USE OF THE SERVICE.

1. Website

The website provides users with the information regarding the mobile application. The user will not need to create any accounts or cards on the website. The user can make purchases on the website using PayPal or Commonwealth Bank to buy subscriptions for the mobile app. The primary purpose of accessing the website is to understand the mobile app better. If you do not understand anything about the website or have an issue with any content, please email us at [email protected]

2. Application

2.1. Welcome to DBC (the 'Application '). The Application provides services to scan, create, design and share personal business cards online. (the 'Services ').
2.2. The Application is operated by SAILAX HOLDINGS PTY. LTD. (ABN 44 381 860 440). Access to and use of the Application, or any of its associated Products or Services, is provided by SAILAX HOLDINGS. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
2.3. SAILAX HOLDINGS reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SAILAX HOLDINGS updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

3. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SAILAX HOLDINGS in the user interface.

4. Subscription to use the Services

4.1. In order to access the free Services (“Free Service”), you may just download the application from the app store. To access the premium features of the mobile app, you must first purchase a subscription through the Application (the 'Subscription ') and pay the applicable fee for the selected Subscription (the 'Subscription Fee ').

4.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

4.3. Once you have purchased the Subscription, you will then be required to register for an account through the Application or vice-versa (create an account and then purchase a subscription).

5. Access to limited license

5.1. Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, digital business cards hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users. All rights not expressly granted to you are reserved by digital business cards and its licensors.

5.2. Without explicit permission from digital business cards, you may not: use digital business cards trademarks or service marks;

5.3. alter, modify, obscure, or remove digital business cards trademarks from the Services;

5.4. alter, modify, or obscure the Services; either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of digital business cards; or

5.5. either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of digital business cards.

6. Modifications to the Services

Digital business cards reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Digital business cards shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services

7. Account Conditions

7.1. You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts.

7.2. You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by “bots” or other automated methods are in violation of these Terms and will be immediately terminated.

7.3. You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process and provide prompt updates in the event of any changes.

7.4. You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.

7.5. You are responsible for maintaining the security of your account and password. Digital business cards shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password.

7.6. You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.

7.7. If your use of the Services causes undue stress on the Services and the systems running the Services, digital business cards reserves the right to limit or disable your access to the Services without notice.

7.8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of digital business cards will result in immediate account termination.

7.9. You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.

8. Content Conditions

8.1. You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any End User of the Service who is chatting with you.

8.2. We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.

8.3. Digital business cards does not warrant that the Content will be accessible or transferable on the Services either for short term or long term use. To the extent any Content is available for use through the Services, you agree to only use such Content for internal purposes only to address the end user’s needs.

8.4. We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Digital business cards be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at [email protected]

8.5. You may not post any unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:

8.6. abuse, harassment, threats, flaming or intimidation of any person or organization

8.7. engaging in or contributing to any illegal activity or activity that violates others’ rights

8.8. use of derogatory, discriminatory or excessively graphic language providing information that is false, misleading or inaccurate

8.9. hacking or modifying the Services to falsely imply an association with Digital business cards

8.10. engaging in or contributing to any activity that maliciously degrades the Services

8.11. implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization

8.12. disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you

8.13. transmitting worms, viruses or harmful software

8.14. sending spam, unsolicited mail, junk mail or chain letters

8.15. disclosing personal or proprietary information of another user, End User, person or organization

8.16. altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements

8.17. collecting the content or information belonging to another user, an End User or Digital business cards, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission

8.18. soliciting login information or accessing the account of another user or End User of the Services

8.19. promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to Digital business cards

8.20. aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to Digital business cards

8.21. harassing, annoying, intimidating or threatening users or End Users of the Services or employees or agents of Digital business cards

8.22. aiding or engaging in deceptive or predatory practices towards users or End Users of the Service

8.23. removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us

8.24. forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services

8.25. posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights

8.26. posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others

8.27. posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals

8.28. posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner

8.29. posting content that solicits personal information or any information from anyone under the age of 18

8.30. posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property

8.31. Grant of License. You represent that you have the authority to and do hereby grant to Digital business cards a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the “Content License”). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third party service providers to the extent necessary to enable transmission of and access to the Content through the Service.

9. Intellectual Property Rights

9.1. The Services are protected by copyright, trademark, and other laws of Australia and foreign countries. Except as expressly provided in the Terms, Digital business cards, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

9.2. Digital business cards always appreciates your feedback or other suggestions about Digital business cards, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty- free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

9.3. You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us.

9.4. All trademarks, service marks, logos, trade names and any other proprietary designations of Digital business cards used herein are trademarks or registered trademarks of Digital business cards. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

10. Cancellation

You are solely responsible for properly cancelling your paid subscription. An email, phone, chat, or written request to cancel your paid subscription is not considered cancellation. You may cancel your account at any time, for any reason, however, you will need to manage your in app purchases through your mobile device platform to avoid additional billing. The cancellation of your paid subscription will occur at the end of your current paid up period. Upon cancellation or otherwise, you may request that your data be destroyed.

11. Refunds

11.1. Digital business cards is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.

11.2. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, Digital business cards. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

11.3. If you subscribed using any other means, please mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address, order number and telephone number associated with your account along with your order number. This notice shall be sent to: 35-37 Jesica Rd, Campbellfield VIC 3061 Australia.

11.4. If Digital business cards materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, we will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre- paid fees attributable to the period after termination.

12. Indemnification

12.1. You agree to defend, indemnify and hold harmless Digital business cards, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against Digital business cards by an End User.

13. Non-solicitation

13.1. You may not use the Services to solicit, interfere with, or endeavour to entice away from Digital business cards any Digital business cards customer, user, or subscriber.

13.2. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Digital business cards or by acting as an agent contracted by a third party to act on its behalf.

13.3. If you are interested in becoming a Digital business cards partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email [email protected] or talk to us on live chat.

14. Governing Law

These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of Victoria. Any disputes arising under this Agreement shall be heard in the state or federal courts of Australia. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15. Notices

Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted

16. Contact

If you have any questions about the Terms of Service, please contact us at [email protected]