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USER AGREEMENT
This Agreement sets out the terms and conditions relating to the
online content provided free of charge and content subject to payment that
DiJiService ("the Siteowner") will provide to you ("the User"). By accessing
www.DiJiService.com ("the Site") the User is agreeing to the terms and
conditions below. If the User uses the Site in the course of business the User
is also agreeing to these terms and conditions on behalf of that business. If
the User does not agree with the terms and conditions (or the User is not
authorised to do so) the User should not use the Site. If the User has any
questions they should contact the Siteowner through the contact-page
Services and Fees
The Siteowner shall provide Free and Paid-for Content. This
includes a subscription for Paid-for Content available. The Siteowner reserves
the right to vary the Free and Paid-for Content and does not guarantee that the
content provided free of charge ("Free Content") will remain free of charge and
does not guarantee that the content provided subject to payment ("Paid-for
Content") will remain a paid-for service.
The User shall agree to pay any subscription fees ("Fees") at
rates in effect when the charges are incurred. The User must provide the
Siteowner with complete and accurate payment information. The User can pay
using a credit or debit card. By submitting credit or debit card details to the
Siteowner the User warrants that they are entitled to purchase the Paid-for
Content using those payment details. In the event of an unauthorised payment
the Siteowner reserves the right to suspend or terminate the User’s access to
the Site and Paid-for Content. If no payment authorisation is received or
payment authorisation is subsequently cancelled, the Siteowner may immediately
terminate or suspend access to any Paid-for Content and/or the Site.
The Siteowner will try to process the User’s request for any
Paid-for Content promptly but does not guarantee that the Paid-for Content will
be available to the User by any specified time. A contract with the User for a
Paid-for Content will come into effect when the Username and Password are
issued to the User.
The User having paid the Fee for a subscription for the supply
of Paid-for Content for a defined period the User will have no right of
cancellation for the supply of the Paid-for Content other than the right to
cancel the subscription for Paid-for Content. This does not affect the User’s
statutory rights.
Registration, Passwords and Privacy
The use of the Site signifies the User’s consent to the
Siteowner collecting and using personal information about the User in
accordance with the Siteowner’s Privacy Policy. The User can read the Privacy
Policy at the privacy policy page.
The User does not have to register to use the Site in order to
access it and enjoy the content other than the Paid-for Content. If the User
wishes to access the Paid-for Content the User will be asked to provide the
Siteowner with accurate, complete registration information, including contact
details, and it is the User’s responsibility to update and maintain this
information. The Siteowner is entitled to rely on this information to provide
Paid-for Content.
The User will also be requested to create a Password in a format
specified by the Siteowner ("the Password"). The User shall not disclose the
Password to any other person or entity and shall ensure that the Password
remains confidential at all times. In the event that the User knows or has a
reasonable suspicion that a third party knows the User’s Password, the User
shall notify the Siteowner immediately by contacting the Siteowner through the
contact-page. If the Siteowner has reasonable grounds for
believing that the User has misused or is misusing the Password, the Siteowner
may require the User to change the Password or may suspend the User’s use of
the access to the Site, including Paid-for Content, until such time as the
Siteowner is satisfied that the security of the Site is no longer compromised
by the User’s activities.
Limitations on Use of the Site
All content and services provided by the Siteowner belongs to
the Siteowner. The Siteowner owns all the intellectual property rights in the
content and services.
The content and services provided are solely for the personal
use of the User and the User shall not sub-license, distribute, sell, supply,
modify, adapt, amend, incorporate, merge, or otherwise alter any content or
service provided under this Agreement.
The User shall not remove or replicate any logo, copyright or
proprietary notices, legends, symbols, labels, watermarks, signatures or any
other like marks affixed to or embedded in the content or services. The User
shall not carry out any act or omission or permit any act or omission to take
place that infringes or is likely to infringe any intellectual property rights
owned or used by the Siteowner.
Limitation of Liability and Indemnity
The User expressly agrees that the use of, and browsing of the
Site, as well as the downloading of any material form the Site, is at the
User’s own risk. Neither the Siteowner nor any other party involved in
creating, producing or delivering the Site is liable for any direct,
incidental, special, consequential, indirect or punitive damages arising out of
the User’s access to, or use of, or inability to use the Site or any linked
site or for the cost of procurement of substitute goods or services or
resulting from any goods or services purchased or obtained or messages received
or transactions entered into through the Site, or resulting from any
unauthorised access to or alteration of your transmissions or data, including
but not limited to, damages for loss of profits, use, data or other intangible
property including legal costs and expenses, even if the Siteowner has been
advised of the possibility of such damages.
Without limiting the foregoing, everything on the Site is
provided to the User "as is" and "as available" without warranty of any kind,
either express or implied, including, but not limited to, the implied
warranties of satisfactory quality, fitness for a particular purpose or
non-infringement. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may not apply
to every User. The User must check their local laws for any restrictions or
limitations regarding the exclusion of implied warranties.
No party [other than the Siteowner] who is involved in the
workings of the Site will at any time be liable or responsible in any way for
the content, including Paid-for Content, and information provided on or via the
Site and for the User’s use of the Site.
Indemnity
The User agrees to indemnify, keep indemnified, defend and hold
the Siteowner and its parent companies, subsidiaries, affiliates and their
respective officers, directors, employees, owners, agents, information
providers and licensors (collectively the "Indemnified Parties") harmless from
and against any and all claims, damages, liability, losses, costs and expenses
(including legal fees) (whether or not foreseeable or avoidable) incurred or
suffered by any Indemnified Party and any claims or legal proceedings which are
brought or threatened arising from the User’s use of, connection with or
conduct on the Site or any breach by the User of these terms. The Siteowner or
DiJiJog reserves the right, at its own expense, to assume the exclusive defence
and control of any matter otherwise subject to indemnification by the User, and
in such case, the User agrees to co-operate with the defence of such claim.
Consequences of Breach of these Terms
In the event that the Siteowner considers or determines, in
their complete discretion, that the User has breached, violated or contravened
the Agreement or has otherwise demonstrated inappropriate conduct in the use of
the Site or the content or services they reserve the absolute right to:
(a) warn the User that they have violated the Agreement and ask the User to
discontinue such conduct;
(b) discontinue the User’s membership of the site and/or any other related
services, including Paid-for Content; and
(c) take measures (including terminating, suspending or restricting the User’s
use of the Site) to prevent the User from using the Site or linking to the
Site.
Third Parties
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not
apply to this Agreement.
Proper Law and Jurisdiction
This Agreement and all matters arising from it shall be governed
by and construed according to the laws of England and Wales and shall be
subject to the [exclusive] jurisdiction of the courts of England and Wales.
Entire Agreement
This Agreement supersedes all prior agreements, arrangements and
undertakings and constitutes the entire agreement relating to the subject
matter of this Agreement. The User confirms that they have not entered into
this Agreement on the basis of any representation that is not expressly
incorporated into this Agreement.
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