Terms and Conditions for DigiCreative Hub

Terms and Conditions

Last updated: August 26, 2024

Please read these terms and conditions carefully before using Our Service. Also referred to on the website as "Terms of Service".

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country refers to: Ontario, Canada Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to DigiCreative Hub, c/o 2967 Dundas Street W., #893, Toronto, ON M6P 1Z2. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Service refers to the Website. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to DigiCreative Hub, accessible from https://digicreativehub.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means equity interest, or other securities entitled or other managing authority, or percentage of sales between Third Party(ies) as defined below.

• Breach means any non-compliance or abuse of these Terms and Conditions, including the failure to make payment.

• Country refers to the Province of Ontario, in the country of Canada.

• Company (referred to as either the “Company", "We", "Us", "Our", or “It’s” in this Agreement) refers to DigiCreative Hub, c/o 2967 Dundas Street W., #893, Toronto, ON M6P 1Z2.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. • End Period refers to the termination date of Services (as defined below)

• Service (hereinafter referred to as “Services” in this Agreement) refers to the Website, It’s listed and unlisted offerings, and Products (as defined below) and Subscriptions (as defined below), including the Company’s partner websites and or Affiliate to which the User is directly redirected.

• Payment refers to the exchange of Product/Services with funds from the User. By making payment, User acknowledges the Services and Products meet their requirements and have been finalized with their approval.

• Products refers to all tangible goods and digital resources or materials offered or provided for purchase by the Company.

• Recurring Tiered Service refers to the detailed benefit and purchase prices of Services that are purchased by the Customer on a defined, recurring basis and terminated by the defined End Period by the Company.

• Recurring Bill Period refers to the next billing period.

• Right of Refusal and Terminate Agreement refers to the Company’s right to reject projects and terminate the Agreement at its sole discretion.

• Subscriptions refer to Recurring Tiered Services, as defined below, provided by the Company.

• Subscription Terms and Conditions (hereinafter referred to as “Subscription Terms” in this Agreement) refers to Subscriptions Terms and Conditions contained within the entire Terms and Conditions, as defined below.

• Subscription End Period refers to the End Period of the Subscription.

• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire Agreement between You and the Company as defined in this Agreement.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• User (referred to as either “User”, “You”, “Your” or “Customer” in this Agreement) refers to an individual or other legal entity on behalf of which such individual, is accessing the Website, or uses the Service (as defined below) and/or purchases Products (as defined below) offered by the Company.

• Website refers to DIGICREATIVE HUB, accessible from https://digicreativehub.com.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. You acknowledge the Company reserves all rights to all images/products/names/descriptions of all product(s) created by the Company and or bearing the Company's logo, initials, copyright or trademark.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your payment for Services and/or Products is considered final approval and acceptance. You acknowledge the rigorous approval process between You and the Company and that your are aware and accept the Products and Services as is. Any claim of and act of initiating a chargeback from User’s financial institution will be deemed an attempt to defraud and defame the Company and will be subject to the appropriate claim(s).

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

SUBSCRIPTIONS

Subscription Terms

Subject to the entirety of the Agreement, as defined throughout herein, with applicable Terms and Conditions, these Subscription Terms are between You and the Company and govern our respective rights and obligations. The Subscription Terms related to your purchase, and any promotional offers provided to you for use, constitute the entire agreement between You and the Company until either the End of Term or by breach of these Terms. When You purchase the Subscription, You accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Payment and Renewal Valid credit cards are the only payment method accepted to Subscribe. Do not sign up to Subscribe with a debit card, also known as a "check" or "ATM" card. The charge for Subscription will be billed to the credit card used to create your subscription or as otherwise directed by you. If We are unable to complete your Subscription order with the credit card you used to create your subscription, you authorize us to update your subscription with another credit card in your account and to charge the credit card for your Subscription order.

If any problems arise with your Account, the shipping address or the payment method associated with Your Subscription order that we are unable to resolve, we will notify you via e-mail using the address associated with your subscription asking that you resolve the problem and reactivate your subscription. Your subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved and the subscription has been reactivated.

Your Subscription will remain in effect until it is cancelled. If you cancel your Subscription and then reactivate it, the purchase price applied to Your subscription may not be the same The Company reserves the right to change the Subscription benefit, including purchase price, at our sole discretion. All changes will apply to future orders after the end of the nearest Recurring Bill Period, regardless of whether you have a current Subscription or as otherwise agreed to by the Company.

Your subscription Service is personal to you, and you may not assign or transfer Your Subscription or any of the benefits to any third party without our authorization.

Subscription Agreement Changes

We may, in our sole discretion, change these Terms, and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the Website with no additional notice to You. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

If any current or future provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.

Termination by Us

We may, in our sole discretion, terminate Your Subscription at any time without notice. If we do so, you will only be charged for Service up to the End Period.

Termination by You and Refunds

You may, in your sole discretion, terminate Your Subscription at any time with written notice. If You do so, You will only be charged for Service up to the End Period. For example, if you write to cancel your Subscription on the 17th of the month, you will be charged until the 30th of that month. Should you cancel your Subscription on the 30th, You will be charged to the 30th.

The Company does not process refunds. Subscription services are offered monthly and all projects will be delivered within the thirty (30) day period. All Subscription 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $5.00 CAD. if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or It’s suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some provinces and states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company in writing by contacting: [email protected]. You agree any escalation or litigation will be first subject to mandatory arbitration and alternative dispute resolution.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. You consent and agree to waive your right to litigate or bring claim against the Company. You consent and agree to waive your right(s) to join or form a class action where the Company is a Defendant or Defendant by counterclaim.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]