INTRODUCTION

The website at [Merchant URL) ] (“Company’s Site”, as defined below) is owned by [Merchant Company] (“the Company”). The Company has appointed Digicontent Sales Limited (“DCS”) as its exclusive agent for making available the goods and services available through the Company’s Site. You may order goods and services available through the Company’s Site only through DCS, and only on the terms set out below.

The Company asserts its own, additional, terms and they are to be found at [Merchnat URL]. Use of the Company’s Site is therefore governed both by the Company’s terms and by these terms of DCS , but the right to avail yourself of the goods and services available through the Company’s Site is governed by these terms of DCS . DCS is the merchant of record for all purposes concerning the proper delivery to you of goods and services ordered through the Company’s Site and your payment for those goods and services. The Company however is responsible for the quality of the goods and services.

If there is any conflict between these terms and the Company’s terms these terms shall prevail.

Before you can purchase any goods or services through the Company’s Site, you must read and agree to these terms. By applying to purchase any goods or services through the Company’s Site, you are agreeing to these terms, and to be legally bound by them. This agreement is subject to change by DCS at any time. Changes are effective when posted on the Company’s Site without further notice. Please in any event signify that you accept these terms by clicking I ACCEPT at the foot of the page.

1. Definitions

In these terms and conditions the following phrases shall have the following meanings, where the context permits:

“Bookmarking”

shall mean the act of placing a URL into a temporary file on your browser so that you may return to that page at a future date directly, without passing through any pages that may have preceded it.

“Company’s Site”

shall mean the website at [Merchant URL ].

“DCS ’s Site”

Shall mean the website at http://www.digiwebsales.com.

“you”

shall mean a purchaser of goods and services available through the Company’s Site.

2. Services

DCS will provide a valid username and password and by doing so will enable you to access transaction information through Company’s Site and DCS ’s Site on previous purchases of goods and services you have made on Company’s Site and to buy goods and services available through the Company’s Site.

3. Billing Statements

DCS ’s Site will appear on your credit card, bank statement, or phone bill for all charges made usually on an abbreviated format as follows: [descriptor] in addition to a customer service phone number making DCS ’s customer service help desk available to you at all times. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction. DCS may include other information on your statement for the purposes of any relevant regulations including those of credit card associations.

4. Liability for Goods & Services

DCS does not have control over any goods and services offered by the Company, only over their availability to you and to others who access the Company’s Site.

Notwithstanding the immediately preceding paragraph, DCS shall reimburse to you the cost of goods and services available through the Company’s Site that are not delivered or that are faulty on delivery. The terms governing your rights in this regard are to be found in the Company’s terms and conditions at [Merchant URL Terms and Conditions page].

Nothing in these terms and conditions shall be read as limiting our liability for death or personal injury arising from a wrongful act or omission on our part.

We shall be under no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether on the Company’s Site or elsewhere, and whether or not due to our negligence or that of any of our employees, agents or sub-contractors.

The liability assumed by us under these terms shall be in lieu of and to the exclusion of all other warranties, conditions, terms and liabilities - express or implied; statutory or otherwise - in respect of the quality or the fitness for any particular purpose of the goods and services available through the Company’s Site or otherwise however arising, except any implied by law that by law cannot be excluded.

Except as provided in these terms we shall be under no liability, whether in contract, tort or otherwise, in respect of defects in the goods and services available through the Company’s Site or their failure to correspond to specification or sample or for any injury, damage or loss resulting from those defects or failure.

In no event shall any breach of contract on our part or tort (including negligence and breach of statutory duty) or failure of any kind on our part or that of our employees, agents or sub-contractors give rise to any liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatever.

Any liability whether in contract, tort or otherwise on our part in respect of any defect in the goods and services available through the Company’s Site or of any duty owed to you under or in connection with these terms shall be further limited in the aggregate to the repayment of the amount paid by you to the Company for the goods and services in question.

6. Electronic Receipt

You will receive an email receipt to your email address each time you purchase goods or services available through the Company’s Site. You may at any time request a copy of the account of charges made in relation to the Company’s Site. To contact DCS, refer to the contact information at the end of this document.

7. Cancellation of Orders

If you request cancellation or request a refund from DCS , your bank, card issuer, or phone company because of unauthorised or fraudulent use, DCS may at its discretion, in order to prevent further unauthorised use, block access using your username and password at the websites of other clients of DCS . This will not however prevent unauthorised use at any other websites, and in any event is no alternative to your contacting the appropriate channels to prevent further misuse.

8. Refunds

If DCS issues a refund, the refund will be credited solely to the payment method used in the original transaction. DCS will not issue refunds by cash, cheque, or to another credit card or payment mechanism.

9. Bookmarking

You shall not bookmark any page on the Company’s Site so as to allow you to bypass DCS’s or the Company’s terms. Without prejudice to your obligation not to do so, if you do, that shall constitute your assent to any such terms and your confirmation that you are not a minor in any jurisdiction to which you are subject.

10. Authorisation of Use

You shall not impersonate another person or use a false name or a name you are not authorised to use, or create a false identity or origin or e-mail address or try to mislead DCS or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details.

You shall not use the Company’s Site for any purpose or in any way that is prohibited by these terms or is otherwise unlawful. You agree to indemnify DCS , its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

You acknowledge that you use the Company’s Site entirely at your own risk.

DCS makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Company’s Site for any purpose. DCS expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.

The Company’s Site may contain advertisements. DCS is not responsible for and does not endorse the content of advertisements, and does not accept any responsibility for any errors or inaccuracies in them.

DCS shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. DCS gives no warranties as to the compatibility of the Company’s Site with your computer systems, software or hardware.

DCS shall not be liable for any damages, including but without limitation to damages for loss of use, arising out of the use or performance of the Company’s Site, the provision of or failure to provide services, or for any information obtained through the Company’s Site, or otherwise arising out of the use of the Company’s Site, whether based on contract, tort, or otherwise, without limitation, even if DCS has been advised of the possibility of damage.

If you are dissatisfied with any portion of the Company’s Site, or with any of these terms of use, your sole remedy, except as specifically provided in these terms, is to stop using the Company’s Site.

Notwithstanding anything in these terms DCS does not disclaim liability for death or injury caused by its own negligence. We reserve the right to terminate at any time your right to make purchases through the Company’s Site if you breach the terms of this agreement. You must then immediately destroy any information or material printed, downloaded or otherwise copied from the Company’s Site.

You shall not under any circumstances communicate your user-name or password to any other person, and you shall keep them strictly confidential. DCS will not release your username or password for any reason, to anyone other than you, except as may be specifically required by law. DCS ’s privacy policy can be viewed at http://www.digiwebsales.com

If there is any breach of security, theft or loss of, or unauthorised disclosure of your username or password, you must immediately notify DCS . You shall remain liable for unauthorised use of service until DCS is notified of the security breach by e-mail or telephone.

12. General

You warrant that you are entitled under the laws of any jurisdiction to which you are subject to access the Company’s Site and to purchase goods and services through the Company’s Site. You are exclusively responsible for compliance with local laws if and to the extent local laws are applicable.

DCS reserves the right to monitor and track your visits to the Company’s Site.

A failure or delay by DCS in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

None of these Terms shall be enforceable under the English Contracts (Rights of Third Parties) Act 1999 (or its equivalent in any jurisdiction) by any third party.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms constitute the entire agreement between you and DCS as to your use of the Website and shall supersede any relevant prior agreement or representation.

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given us at the time of undertaking the transaction or to us at the following e-mail address: admin@digiwebsales.com

English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.

COPYRIGHT AND TRADE MARK NOTICES:

The entire contents of this website and any trademarks used are: Copyright and owned by DCS 2007

I ACCEPT

24/7 Customer assistance numbers:

International +1 800 604 6430; USA 800 604 6430

Billing enquiries: billingsupport@digiwebsales.com

General enquiries: admin@digiwebsales.com