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 account duly
registered with Digistore to facilitate you using the Services available on
the Portals (or any of them); |
Buyer | : | means a person who purchases
items on the Portals; |
Gift Card | : | means an electronic gift card
purchased on any of the Portals which contains a stored value available for redemption
on the Portals; |
Items | : | means the goods and services
listed by you for sale on the Portals and “Item” shall mean any one of them; |
Parties | : | means collectively, Digistore
and you and “Party” shall mean any one of them; |
Portals | : | means collectively, the web
portals presently known as Digistore.in and such other web portals of
Digistore administered and managed by Digistore; |
Services | : | means the services provided by
Digistore on the Portals, including, without limitation, retailing online
games and related merchandises(if any), games publishing, online marketplace
for sale of Items, subject to the conditions in these Terms of Service; |
Terms of Service | : | means these Terms of Service
governing the use of the Services by you as may be amended at any time and
from time to time as and when Digistore shall in its absolute discretion
deems necessary and shall include: (i) any rules, procedures, Terms of
Service for products, services or facilities, as determined by Digistore from
time to time; and (ii) any documents, directives, correspondence and
agreements referred to in these Terms of Service and forming a part hereof,
together with any amendments made at any time or from time to time to any of
the foregoing; and |
Virtual Items | : | means collectively, virtual
in-games items and virtual currency, including, without limitation, virtual
coins, token or points acquired in the course of playing games on the
Portals. |
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.