Terms of use for this web site- Customers
These terms include all policies required for transacting on the internet

Welcome to this website which is owned and operated by 44 Gallons Technology  Pty Ltd ABN 30 116 299 711 powered by DigmyID.(DigmyID or We). It is important that you read and understand the following terms and conditions of use (Terms of Use). By continuing to use and access the website, you are deemed to have accepted the Terms of Use, as may be amended from time to time. DigmyID reserves the right to immediately effect changes to the Terms of Use by posting the amended Terms of Use on the website with or without further notice. If you do not agree with the Terms of Use, do not use or access the DigmyID or DigmyID affiliate website.


1 SERVICES AND PRODUCTS to CUSTOMERS

1.1 DIGMYID offers and provides customers through this website with the following services (collectively called the Services), subject to these Terms of Use:
(a) the non-exclusive use of artwork, templates, interfaces, fonts, graphics, software and other works (Design Components) for the customer to select a non exclusive logo (Logo), media, stationery designs and layouts, and customize the  communication materials (Templates);(b) the exclusive use of artwork, templates, interfaces, fonts, graphics, software and other works (Design Components) for the customer to select an exclusive  logo (Logo), media, stationery designs and layouts, and customize the  communication materials (Templates); and(c)  the ability to order printed stationery and other printed products incorporating the Logo and Templates (collectively called the Products); and

1.2 You are required to create a login account (Account) to access certain parts of this website and to use the Services. Your Account will be accessed with a username and password. You must keep your Account details confidential and you will be liable for all transactions through your Account except to the extent that we can reasonably establish such transactions have been carried out as a result of a system error accepted as such by DIGMYID.

1.3 Your use of the Services and your Account is strictly subject to these Terms of Use.

2 ORDERS FOR SERVICES OR PRODUCTS

2.1 you may not cancel change or modify an order that you have made or have placed with DigmyID. Please carefully check and ensure that you have entered correct ordering details before placing an order.

2.2 In choosing a Logo, customizing templates or ordering Products, you acknowledge and agree that you have relied on your own skill and judgement and have not relied upon any representations made by DigmyID or on DigmyID behalf.

2.3 Except as described in paragraph 2.5, refunds for the order of a Logo are not available in any circumstances.

2.4 When you place an order for the delivery of Products, you will be notified of the period of time within which delivery of the Products will take place. We cannot specify an exact date or an exact time for delivery.

2.5 DigmyID will refund the Order Price which you actually paid to DigmyID or redeliver the Products (at the election of DigmyID) for Products ordered by you if:
(I) DigmyID fails to properly arrange for the delivery of the Products to you within the delivery period notified to you; or

(ii) the Products are defective upon delivery to you and you notify DigmyID in writing within seven (7) days after delivery of such Products to you by contacting support@digmyid.com  and returning the defective Products as directed.

If you receive a refund of the Order Price for Products, you agree that DigmyID immediately revokes all licenses granted to you for the use of the relevant Logo or Template.

2.6 Specifications, dimensions, quality and colour of the Logos and Products may display differently on each individual computer monitor or when printed, and any such deviations in the Products does not vitiate any contract you have with DigmyID or form grounds for any claim against DigmyID.

2.7 DigmyID does not provide insurance of any kind and DigmyID does not authorise you to assign a declared value to any Product.

2.8 The sending of an order by you to DigmyID does not constitute an acceptance of an order for the relevant Products or Services. DigmyID reserves the right, without prior notification, to refuse service to any customer. Verification of the information you provide to DigmyID may be required prior to the acceptance by DigmyID of any order. No obligation to provide the Products or the Services exists between you and DigmyID until DigmyID actually receives payment or exercises the authorization to charge your credit card and the charge is validated and accepted by your credit card company.

3 RIGHT TO USE A NON EXCLUSIVE LOGO

3.1 you are not permitted to use a Logo in any manner unless DigmyID has actually received your payment of the Order Price for Products incorporating that Logo. Once you have paid the Order Price, DigmyID grants you a non-exclusive, limited, non-transferable license to use that Logo for personal use. You will not be entitled to assign, transfer or otherwise sell the Logo.

3.2 The rights granted to you under these Terms of Use constitute a licence and are not an assignment of rights or transfer of title. At all times, DigmyID retains and reserves all copyright, trademarks, and all other intellectual property rights exclusively in and to the Logos, the Design Components, the Templates and all other products of the Services.

3.3 You acknowledge that DigmyID may have previously licensed to other customers the use of a Logo ordered by you and will be entitled to continue to offer such Logo to other customers. You acknowledge and agree that you will not be the exclusive owner, licensee or user, now or in the future, of a Logo.

3.4 DigmyID has no objection to you seeking to protect your Logo by means of trade mark registration but you do so at your own risk and expense. DigmyID encourages you to seek the services of an appropriately qualified professional to advise you in relation to protecting your intellectual property rights, including seeking to register the Logo as a trade mark.

3.5 You are not entitled to make a claim against DigmyID if another person uses a logo which is similar or identical to the Logo which you purchased from DigmyID, whether or not the other person also purchased their logo from DigmyID. This applies even if you obtain a trade mark registration for a Logo.
 

4. RIGHT TO USE AN EXCLUSIVE LOGO
 

4.1 you are not permitted to use a Logo in any manner unless DigmyID has actually received your payment of the Order Price for Products incorporating that Logo. Once you have paid the Order Price, DigmyID grants you an exclusive, unlimited license to use that Logo.
4.2 The rights granted to you under these Terms of Use are an assignment of rights and transfer of title for an exclusive Logo. At all times, DigmyID retains and reserves all copyright, trademarks, and all other intellectual property rights in the customization of the logo and templates.
4.3 You acknowledge that DigmyID has not previously licensed to other customers the use of a Logo ordered by you and will not be entitled to continue to offer that Logo to other customers. You acknowledge and agree that you will be the exclusive owner, licensee or user, now or in the future, of that Logo.

4.4 DigmyID has no objection to you seeking to protect your Logo by means of trade mark registration but you do so at your own risk and expense. DigmyID encourages you to seek the services of an appropriately qualified professional to advise you in relation to protecting your intellectual property rights, including seeking to register the Logo as a trade mark.

4.5 You are not entitled to make a claim against DigmyID if another person uses a logo which is similar or identical to the Logo which you purchased from DigmyID, unless the other person also purchased their logo from DigmyID. Our designers are required to agree that all content that is placed in the catalogue for sale on an exclusive basis is their original work and is only available through the DigmyID Design Store (website).
 

5. COPYRIGHT

5.1 Non-exclusive logos and corporate identity
- these products are sold more than once
- we do not transfer all copyrights to the buyer, just the right to use the product

5.2 Exclusive logos
- exclusive logos are sold just once and removed for sale after purchase validated
- all copyright ownership and rights are transferred to the buyer

6 AVAILABILITY

6.1 This website is only available to, and may only be acquired or used by, individuals who can form legally binding contracts under applicable law, and who agree to the Terms of Use.

6.2 DigmyID is entitled to delete an Account and any or all information associated with that Account where no Products are ordered from that Account within a period of 6 months from when that Account was created or when an order was last placed for Products on that Account.

6.3 DigmyID may terminate or suspend your Account, your access to this website and your use of the Services at any time without giving any notice, explanation or justification and DigmyID has no liability for any costs, losses or damages of any kind arising as a consequence of terminating or suspending your Account or such access.
 

7 LIMITED USE OF MATERIAL ON THIS WEBSITE

7.1 DigmyID and the designer affiliates are the exclusive owners of all rights, interest and title in all copyright, trademarks, service marks, patents and all other intellectual property rights in and to all artwork, interfaces, templates, fonts, graphics, software, data, text, information (including the compilation of the information and other content on this website) and all other works of any kind incorporated into or forming part of this website or arising from the Services (Content).

7.2 The Content is available to you strictly for the sole purpose of enabling you to enter into, or to consider entering into, a transaction for the purchase of DigmyID Services and Products from this website in accordance with the Terms of Use.

7.3 You must not use this website or any part of the Content for any purpose other than the limited use set out in paragraph 7.2. Without limiting the generality of the above, you are prohibited from doing any of the following:
(a) reproducing, distributing or downloading this website or the Content in any material form;

(b) re-selling or offering to sell or license the right to sell or re-sell the Services, Content or Products;

(c) storing this website or the Content in any storage media;

(d) broadcasting, re-transmitting or communicating to the public this website or the Content by any medium of communication;

(e) uploading and/or reposting this website or the Content to any other site on the internet;

(f) violating the integrity or security of this website, including by attempting to make unauthorised access to this website or to Accounts of other users; or

(g) "deep-linking" or "framing" this website or the Content.

7.4 You must not modify or copy the layout of this website or any computer software or code contained in this website or attempt to do any of those things. You must not use meta-tags or other means to link or refer to this website or any trade marks on this website.

7.5 You agree not to use this website or the Services:
(a) in a manner which uses excessive resources or is likely to prejudice the efficient operation of this website;

(b) to transmit pornographic, obscene, offensive, threatening, harassing, defamatory, racist or illegal content or content which DigmyID feels is inappropriate or objectionable for this website;

(c) for any purposes which are illegal or are prohibited by this Agreement; or

(d) for purposes amounting to advertisements or solicitations of scams, chain letters or pyramid schemes.

8 LINKS TO OTHER WEBSITES AND ADVERTISING

8.1 This Website provides advertising space, designer affiliate urls and an online design store for   its users and links to websites on the internet owned and operated by third parties and which are not under the control of DigmyID (Third Party Material). DigmyID does not endorse Third Party Material and is not responsible for the content of any of Third Party Material and any use by you of such links or use or reliance by you on any Third Party Material is entirely at your own risk.

9 LIMITATION OF LIABILITY AND NO WARRANTY

9.1 To the fullest extent permitted by law, DigmyID, its affiliates and related entities disclaim and exclude all representations, conditions and warranties, express or implied, under law, statute or custom, with respect to the Content, Services and Products contained or offered through this website including without limitation those with respect to:
(a) merchantability or fitness for a particular purpose;

(b) non-infringement of any third-party intellectual property rights and proprietary rights including, without limitation, copyright and trade mark rights;

(c) freedom from computer viruses or malicious programs;

(d) suitability for your intended use;

(e) suitability for registration as a trade mark or any other form of intellectual property right; and

(f) delays, interruptions, errors or omissions in delivery or provision.

9.2 In no event will DigmyID, its affiliates, suppliers, service providers or related entities be liable for, nor make any adjustment, refund or credit of any kind for any loss, corruption, delay, misprint, non-print, inclusion, omission, mis-delivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide the Products or the Services to the extent caused by or resulting from:
(a) your acts, defaults or omissions;

(b) your violation of these Terms of Use;

(c) viruses or malicious software or code;

(d) a circumstance beyond the reasonable control of DigmyID including, but not limited to, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disasters, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

(e) your failure to provide accurate and correct details of your name, address, email address and other information that you are asked to provide in connection with the provision of the Products or Services; or

(f) acts, defaults or omissions of any person or entity other than DigmyID, including DigmyID compliance with verbal or written instruments from you or persons or entities claiming to represent you or using your email address or your Account.

9.3 To the fullest extent permitted by law, you agree to release, discharge and indemnify DigmyID, and DigmyID employees, service providers and agents, from and against all claims or demands made against DigmyID for any loss or damage caused to you or any third party, whether by damage to property, delay or financial loss arising from or incidental to:
(a) your breach of these Terms of Use; or

(b) your violation of any law or the rights of a third party as a result of using this website or using any Logos or Products.

9.4 The right of DigmyID to be indemnified under paragraph 7.3 is in addition to, and not exclusive of, any other right, power or remedy provided by law.

9.5 DigmyID will not intentionally infringe upon any third party trade mark, service mark, copyright or any other intellectual property rights, but DigmyID does not warrant or guarantee to you that the Logos and Content will not infringe such rights. You acknowledge and agree that you use the Services and acquire the Logos and Products entirely at your own risk, and that you are responsible for conducting independent searches to confirm that a Logo is distinctive and does not infringe upon an existing trade mark, service mark, copyright or other intellectual property right of any other person.

9.6 To the fullest extent permitted by law, the total liability of DigmyID, its affiliates and related entities, for loss or damage of every kind whether arising pursuant to these Terms of Use or out of or in relation to the use or supply of the Products and the Services in tort or contract or in any other cause of action, or under any implied warranty or condition, or in any other way whatsoever, is limited, at the election of DigmyID:
(a) in the case of the Services, to the supply of the relevant Services to you again or payment of the amount paid by you for the relevant Services; and

(b) in the case of the Products, to the replacement of the Products or the supply to you of equivalent Products or the payment of the cost of replacing such products or acquiring equivalent Products.

9.7 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of DigmyID, its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
 

10 YOUR INFORMATION – PRIVACY

10.1 Any personal information that DigmyID collects from this website will be maintained in accordance with DigmyID Privacy Policy.

10.2 DigmyID and/or third parties authorised by it may gather and process information:
(a) which you may provide when accessing this website, such as your name, address, e-mail address and other personal information about you; and

(b) regarding the way in which you use this website including, without limitation, information acquired through the use of cookies programmed during your use of this website.

(c) DigmyID / 44 gallons will not collect or store any credit card details.  

(d) We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information 

10.3 The information you provide to DigmyID must not:
(a) be false, inaccurate, misleading or deceptive;

(b) be fraudulent or illegal;

(c) be obscene, defamatory, unlawfully threatening or unlawfully harassing; or

(d) create liability for DigmyID or to cause DigmyID to lose (in whole or in part) the services of its internet service providers or other service suppliers.

10.4 DigmyID will not be liable for any claim, loss or damages should your information be unlawfully observed or used by a third party or unintentionally distributed.

10.5 To the fullest extent permitted by law, you agree to waive, release and indemnify DigmyID, and its affiliates, directors, officers, agents, employees and related entities from any action, claims or costs that you may have arising from anti-spamming legislation including, without limitation, the Spam Act 2003 (Cth).
 

11. DELIVERY

11.1 At DigmyID / 44 Gallons we know just how important is it that print is delivered intact and on time. That's why we dispatch all orders using next day courier. Depending on the product ordered and its weight/value, the courier we use may vary.

11.2 DigmyID does everything possible to reduce the arrival of damaged goods, but damages do occur sometimes. In the first instance you must contact us by email support@digmyid,com detailing the damage. Please take a digital picture of the damage for our insurance and for any claims against the courier. Please do not dispose the item as we may require its return (if return is required we will arrange return shipping.). Once we have been notified (and have received the images of the damage) we will replace the damaged goods as soon as possible.

12 GENERAL

12.1 by using this website and placing orders for Services or Products, you are communicating with DigmyID electronically. You consent to receive communications from DigmyID in any format, whether electronically, by post or otherwise. You agree that all communications you receive from DigmyID electronically satisfy any legal requirement that such communication must be in writing.

12.2 These Terms of Use constitute the entire agreement between DigmyID and you and supersede any prior or contemporaneous agreement, whether oral or in writing. There are no promises, terms, conditions or obligations, oral or written, expressed or implied other than those contained in these Terms of Use. If there is any consistency between the Terms of Use and any content on the website, these Terms of Use will prevail.

12.3 If any part of these Terms of Use is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

12.4 All rights not expressly granted in these Terms of Use are reserved unconditionally to DigmyID

12.5 These Terms of Use and all contracts related to the provision of the Products and/or Services to you will be governed by and interpreted in accordance with the law of the State of New South Wales, Australia, without giving effect to any principles of conflict of laws, and the parties agree to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia, to determine any dispute arising out of the Terms of Use and all matters relating to the provision of the Services and the Products.

By clicking on 'I ACCEPT' below you are agreeing to these terms of service