DIGITALHELLO® “Terms
& Conditions” and “Terms of Use”
Last revised and is effective as of: 01 JANUARY 2021
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS & CONDITIONS”) AND TERMS OF USE (“TERMS OF USE”) COMPLETELY AND CAREFULLY. BY ACCESSING OR USING THIS “DIGITALHELLO.CO.UK” WEBSITE OR APP YOU AGREE TO BE BOUND BY THESE FOLOWING “TERMS & CONDITIONS” AND “TERMS OF USE”. YOU MUST ALSO READ AND ACCEPT THE PRIVACY AND COOKIES POLICY BEFORE YOU CONTINUE USING THIS WEBSITE. TO VIEW SELECT THIS PRIVACY AND COOKIES POLICY PAGE.
Welcome to DIGITALHELLO.CO.UK, (Also referred to as “DigitalHello.co.uk”, “DigitalHello” “we”, “us”, “our”, “DigitalHello system”, “DigitalHello service” and “DigitalHello network”) is a free and complimentary Digital Greeting service provider. DigitalHello.co.uk consists of the DigitalHello website, co-branded websites (including sub-domains) DigitalHello Mobile version of the website, Apps on digital devices and including versions of the website that may exist on other domains, portals, platforms or mediums. The Digital Greetings services offered by DigitalHello include electronic messaging, images, videos, DigitalHello application developer service where available and any other features, tools, applications, materials, or other services offered by DigitalHello in connection with its business, however accessed, are referred to collectively as the “DigitalHello Services or Services” or “DigitalHello”.
It is our pleasure to provide the DigitalHello Services for sending of free and complimentary Digital Greeting service in accordance with these Terms of Use (“Agreement”). By accessing or using DigitalHello Services, including: data, text, information, graphics, photos, profiles, video clips, applications, links, messages or other materials (collectively as the “Content”) thereof signifies that you have read the following Terms of Use, whether you are a Visitor (which means that you simply browse the DigitalHello Website without being registered) or a Registered User of DigitalHello if applicable (collectively, as the “User” or “Customer”). If you do not agree to be bound by this Agreement and to abide by all Applicable Law, do not conclude the Agreement, do not access, view, download or otherwise use any DigitalHello webpage, information or services. By using this website any further you acknowledge that you have read and fully understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
INTRODUCTION
The website DigitalHello.co.uk ("the Site") is a free and complimentary Digital Greeting service provider for non-commercial use by the public.
This Site is owned and operated by DigitalHello (also referred to as "we", "us or “our") and use of DigitalHello website and it’s services are subject to these Terms & Conditions.
These Terms, Conditions and Privacy Policy will apply to anyone who views or uses the Site (also referred to as "you").
Whether you register or not you will be bound by these Terms and Conditions in full and you also agree to be bound by the terms of our Privacy.
These Terms and Conditions relate to your passive use of the Site or as a Registered user of the site if applicable.
Please note that these Terms and Conditions may be amended from time to time. Notification of any changes will be made by posting dated new/updated Terms, Conditions and Privacy Policy pages onto the Site. In continuing to use the Site you confirm that you accept the then current Terms and Conditions in full at the time you use the Site. It is your sole responsibility to read and accept the amended Terms and Conditions if any.
USE OF THE SITE
You may not use the site to publish or post any offensive, adult, inaccurate, misleading, defamatory, fraudulent, or illegal information or content.
We reserve the right at our sole discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
In the event that you are informed that you will no longer be entitled to access the services then you will no longer have permission to use the Site.
COPYRIGHT POLICY:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. DigitalHello respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is DigitalHello policy to terminate the accounts (if any/applicable) of such infringers.
DISCLAIMERS OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:
1 Disclaimer
Under no circumstances shall DigitalHello be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,” with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if DigitalHello has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the DigitalHello Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system, loss of data, financial and/or anything else that results from the use of the DigitalHello Services.
2 Indemnification
You agree to indemnify and hold DigitalHello, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable legal services fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the DigitalHello Services, and (c) any activity in which you engage on or through DigitalHello.
3 Limitation of Liability
YOUR USE OF THE DIGITALHELLO SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL DIGITALHELLO OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “DIGITALHELLO PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE DIGITALHELLO SERVICES (INCLUDING ANY INFORMATION OR SERVICES OBTAINED OR PROVIDED THROUGH DIGITALHELLO SERVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT DIGITALHELLO PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DIGITALHELLO SERVICE, FROM INABILITY TO USE THE DIGITALHELLO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DIGITALHELLO SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE TRY TO KEEP DIGITALHELLO UP AND RUNNING, BUG-FREE, AND SAFE, WE ARE PROVIDING DIGITALHELLO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DIGITALHELLO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS, BE SAFE, SECURE AND ERROR-FREE. DIGITALHELLO SITE MAY GO OFFLINE FOR MAINTENANCE OR ANY UNKNOWN REASONS FOR UNSPECIFIED DURATION AT ANY TIME. WE MAY ADD, AMEND OR REMOVE ANY OF DIGITALHELLO FEATURE(S), PART THEREOF OR REMOVE ENTIRE DIGITALHELLO SITE AT ANYTIME WITH OR WITHOUT ANY PRIOR NOTICE. IF YOU ARE DISSATISFIED WITH THE DIGITALHELLO SERVICE OR ANY PART OF THE DIGITALHELLO SERVICE IT IS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITALHELLO SERVICE AND ITS RELATED SERVICES BY OTHER MEANS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIGITALHELLO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIGITALHELLO FOR THE DIGITALHELLO SERVICES DURING THE TERM OF MEMBERSHIP IF ANY.
OUR LIABILITY
The services on this site are provided on a free and complimentary basis without any guarantees, conditions or warranties as to its accuracy and is provided on an "as is" basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.
We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
Although we aim to offer you the best service possible, we make no promise or give any warranty that the services at the Site will meet your requirements. We cannot guarantee that the services will be fault-free.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
From time to time, it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms.
We will not be liable for any business, financial, or economic loss nor for any consequential direct or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
CHANGES TO TERMS OF USE:
At our sole discretion DigitalHello reserves the right to change, modify, delete, add or amend portions of these Terms, Conditions and Terms of Use at any time with or without further notice. Such changes will be effective immediately upon posting such revisions on the Site and you waive any right you may have to receive specific notice of such changes. We will indicate at the top of this page the date these terms were last revised. Your continued use of DigitalHello Site or the DigitalHello Services following the posting of such changes constitutes your binding acceptance thereof. It is your responsibility to regularly check the DigitalHello Site to determine if there have been any changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and in effect while you use the DigitalHello Services or are a member.
GDPR Data Protection Rights
We are fully GDPR compliant
Please report any form of abuse immediately to: support@DigitalHello.co.uk
Regarding any questions to this agreement, please send email to: support@DigitalHello.co.uk
I (THE PERSON WHO IS NOW READING THIS PAGE) CONFIRM THAT, I HAVE READ THIS COMPLETE AGREEMENT, UNDERSTOOD FULLY AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS TERMS, CONDITIONS AND TERMS OF USE.
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