Legal

DigiTrade Buyer Terms and Conditions

DigiTrade US Corp. (EIN: 99-1644998), a company incorporated under the laws of Delaware, United States (“Company”). By accessing and/or using DigiTrade, you (“Buyer”) expressly acknowledge and represent that you have carefully read, understood and accepted the terms (“Terms”) in its entirety as a legally binding agreement between yourself and the Company.

• General

  • The Company owns and operates the digitrade.app (“Digitrade” or “Platform”)  
  • The version of the Terms currently in force will be available through DigiTrade and on the official website of the Company at digitrade.app (“Website”) and you agree that it shall be your sole responsibility to check for any updates to the Terms. 
  • In interpreting the Terms, the intention and purpose behind the specific paragraph or paragraphs must be taken into consideration.
  • The Terms shall be of a continuing nature.

• Definitions and Interpretation

  • Unless the context otherwise requires, the following definitions shall apply:
    
    1. “Buyer” means the Person  buying the Products
       
    2. “Claims” means an obligation arising from a suit, demand, loss claim, liability claim, damage claim, action, or legal proceeding.
       
    3. “Fraud” means all types of frauds such as theft or deliberate falsification of identity, accounts and account credentials, data, documents, description of actual events, collusion etc. 
       
    4. “Losses” shall mean tangible losses such as liabilities, damages, indemnities, costs or expenses (including any direct, indirect, incidental, special, consequential, or punitive damages or economic loss or any claims for loss of profits or loss of use), or intangible losses such as adverse actions from regulators, governments and government agencies, or loss of reputation or brand value.
       
    5. “Person” means an individual, corporation or such other legal entity as the context requires.
       
    6. “Privacy Policy” means the Company’s privacy policy which can be found on the website 
       
    7. “Products”, means the underlying Product (physical or digital)  being purchased by the Buyer from the Company.
       
    8. “Seller” means DigiTrade  selling the Products  to you.
       
    9. “Transaction” means the sale of Product by the Seller to you.
       
    10. References to one gender include all genders and references to the singular include the plural and vice versa. The words “including”, “include”, “in particular” and words of similar effect shall not be deemed to limit the general effect of the words that precede them.
        

• Relationship

  • You are accepting the Terms because you are doing a Transaction with a Seller and your Seller has appointed the Company to act as merchant of record (MOR) for the Transaction to facilitate the acceptance of payment for the Transaction.
  • You are purchasing from, and providing your information to the Company. the Company is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Company may contact you and/or your payment card issuer to confirm your identity and/or your intent to make the payment to place the order for the Product..
  • If there is an error in the price listed for a Product on the Seller’s website, or in the price applied to the Product during the sale of and processing of your order for the Product, the Company is entitled to contact you, correct the price, and/or cancel your order.
  • If the Company is able to successfully verify your payment information, payment details for your order will be processed by the Company.
  • Once the Company processes your payment information and the transaction is verified, the items in your order will be provided to a carrier for shipment to you, and at that time ownership in the items will transfer from digitrade, as the Merchant of Record, to you.
  • The Company may refuse service, refuse to process or complete orders or cancel orders for any reason or for no reason, in its sole discretion.
  • In case of any dispute, chargeback or refund related to the Transaction, you can contact our customer service below:
    • Email: info@digitrade.app
    • Post: 200 Continental Drive, Suite 401, Newark, Delaware, 19713, United States of America
  • The Company has the right to (a) decline the payment for the Transaction, or (b) hold the payment for the Transaction (c) reverse the payment for Transaction within 180 days from the payment, or (d) ask you for proof of identity in the event (i) the Company is suspicious or becomes aware of suspicious activity relating to the Transaction, or (ii) where the Company is required to do so by law or court order.

• Intellectual Property Rights

  • All content, including in the checkout process, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of the Company or their respective licensors, as may be applicable. All designs, graphics, logos, page headers, button icons, scripts, and service names are trade-marks or registered trade-marks of the Merchant or Company, as may be applicable. Such trademarks may not be used without the prior written authorization of the Merchant or Company, as may be applicable.
    

• Amendments to the Terms

  • The Company may, from time to time, amend, restate or supplement the Terms at the sole discretion of the Company, including to take into account future developments such as change in industry trends and/or any changes in legal and/or regulatory requirements applicable to the Company.
  • Any amendment, restatement or supplement to the Terms shall be available through DigiTrade and, unless stated otherwise, shall be effective and binding on you upon publication or at such time as may be prescribed by the Company.
  • You agree that the publication of any amendment, restatement or supplement to the Terms on DigiTrade shall be sufficient notice to you and that your continued access and/or use of DigiTrade and/or the Services after such amendment shall constitute your acceptance of such amendment, restatement or supplement to the Terms. 

• Submission of Data

  • The Company may, from time to time, amend, restate or supplement the Terms at the sole discretion of the Company, including to take into account future developments such as change in industry trends and/or any changes in legal and/or regulatory requirements applicable to the Company.
    • is complete, true and accurate in all respects at all times;
    • where applicable, is provided within reasonable time;
    • is not false, misleading or deceptive in any respect at all times; and
    • does not omit anything that affects or is likely to affect the meaning or significance of such data, document or other information in any respect at all times. 

• Compliance with the Terms and applicable laws

  • In accessing and/or using DigiTrade and/or the Services, you agree that it is your sole responsibility to ensure your compliance with the following at all times:
    • the Terms; and
    • is complete, true and accurate in all respects at all times;
    with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products & Services through the Platform, as well as any amendments to the aforementioned, issued by DigiTrade (whether as part of use of the Platform or in relation to the purchase of Products & Services, on behalf of Seller), from time to time. 
  • DigiTrade reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

•  Buyer Fraud

  • 8.1 You agrees not to engage in any fraudulent or deceptive activity in connection with your purchase, including but not limited to:
    • Providing false or inaccurate information to the Company, including but not limited to name, address, credit card information, or bank account information;
    • Using stolen credit cards or other payment methods to make payments to the Seller.;
    • Filing fraudulent chargebacks;
    • Reversing payments after the Products or Services have been received;
    • Engaging in any other activity that is designed to defraud the Company or its Sellers.
  • 8.2 If the Company suspects that you have engaged in any fraudulent activity, the Company reserves the right to take legal and other actions as appropriate.

• Records

  • You acknowledge and agree that any records created and maintained by the Company of the communications, transactions, instructions and/or operations made or performed, processed or effected through DigiTrade by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, shall be binding on you for all purposes and shall be conclusive evidence of such communications, transactions, instructions and/or operations.

• Indemnity

  • You expressly agree to indemnify, defend, save and hold harmless the Company and all Relevant Persons from all liabilities, claims and Losses arising out of or in connection with:
    • any breach by you of these Terms or any applicable laws or regulations; 
    • any wrongful, negligent act and/or omission by you in connection with the Company and/or the Terms;
    • any fraudulent or deceptive activity in which you have been engaged.

• Notices

  • You acknowledge and agree that any communication and/or document to be sent to you may be by way of electronic communication and you shall be considered to have received any such communication and/or document:
    • at the time of posting of such communication to our Website at digitrade.app  and/or DigiTrade or such other time as may be prescribed in such communication;
    • at the time of which the email containing such communication and/or document is sent to you or such other time as may be prescribed in the email; 
    • at the time of posting (whether through ordinary post or otherwise) such communication and/or document to you or such other time as may be prescribed in such communication and/or document;
    • through such other means at such times as the Company may prescribe from time to time.

•  Assignment

  • The Company may, at any time, assign, mortgage, charge or otherwise transfer any or all of our rights and obligations under the Terms without restriction.
  • You may not assign, mortgage, charge or otherwise transfer any of your rights and obligations under the Terms (including the licence granted to you under the Terms) without the prior written consent of the Company and any attempted assignment mortgage, charge or otherwise transfer in violation of the Terms shall be null and void.

• Severability

  • If any provision of the Terms or part thereof is rendered void, invalid, illegal or unenforceable by any legislation to which it is subject or by a decision of a court of competent jurisdiction (“Affected Provision”), the Affected Provision shall be rendered void, invalid, illegal or unenforceable only to that extent and it shall in no way affect or prejudice the enforceability of the remainder of the Affected Provision or the other provisions of the Terms.

• Waiver

  • No failure or delay to exercise or enforce any right conferred upon the Company under the Terms shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. 
  • Any waiver of any right arising from a breach or non-performance of the Terms or arising upon default under the Terms granted to you shall be null and void unless made in writing and signed by the Company.

• Translation

  • If the Terms are translated into a language other than the English language and there is any conflict or inconsistency between such translation and the English text, the English text shall prevail.

• Rights Of Third Parties

  • Save for a Relevant Person(s), no person or entity who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore or other similar laws to enforce the Terms or any part thereof, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
  • For the avoidance of doubt, any amendments to the Terms in accordance with the provisions herein shall not require any consent from any person or entity (including any Relevant Person) who is not a party to the Terms.  
  • Nothing in paragraph ‎above shall affect the rights of any permitted assignee or transferee under the Terms.

• Governing Law and Jurisdiction

  • The Terms shall be governed by and construed in accordance with the laws of Delaware, United States.
  • Any Dispute, controversy or claim arising out of or in connection with these Terms shall be settled in accordance with the rules of American Arbitration Association Rules (“AAA Rules”), subject to the following:
    • The place of arbitration shall be in Delaware, United States unless otherwise agreed by the Parties;
    • The language of the arbitration shall be English;
    • The number of arbitrators shall be one (1) and appointed in accordance with the said Rules.
  • Any decision or award made by an arbitrator in accordance with these Terms shall be final and binding on the parties to such arbitration and the parties to such arbitration expressly waive their rights to appeal any such decision or award.