TERMS AND CONDITIONS: ONDIGITAL MARKETING LTD

These terms and conditions (the "Terms and Conditions") govern the use of howzit.cards (the "Site"). This Site is owned and operated by ONDIGITAL MARKETING LTD. This Site is a digital business cards.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property All content published and made available on our Site is the property of ONDIGITAL MARKETING LTD and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: - Harass or mistreat other users of our Site; - Violate the rights of other users of our Site; - Violate the intellectual property rights of the Site owners or any third party to the Site; - Hack into the account of another user of the Site; - Act in any way that could be considered fraudulent; or - Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post the following information on our Site: - Items for sale; - Photos; - Videos; and - Public comments. By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts When you create an account on our Site, you agree to the following: - You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and - All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: - VCard; - QRCode; and - WhatsApp Shop. We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. You can cancel your subscription at anytime.

Free Trial We offer the following free trial of our goods and services: 30 Day free trial begins when users register for a new Free account. At the end of your free trial, the following will occur: You will automatically be billed our monthly subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial ends.

Payments We accept the following payment methods on our Site: - Credit Card; and - PayPal. When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

User Goods and Services

Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Right to Cancel and Receive Reimbursement If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period: - Will end 14 days from the date of purchase when you purchased digital content that was not supplied on a tangible medium; or - Will end 14 days from the date of purchase when you purchased a service.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at [email protected] or by post at 128, City Road, London, EC1V 2NX, UNITED KINGDOM. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.

The right to cancel does not apply to: - 3rd Party Sales & Goods or Services provided by the users of this website - Goods or services, other than the supply of water, gas, electricity, or district heating, where the price depends upon fluctuations in the financial market that we cannot control and that may occur during the cancellation period; - Custom or personalised goods; - Goods that will deteriorate or expire rapidly; - Services that the customer has requested for the purpose of carrying out urgent repairs or maintenance; - Newspapers, magazines, or periodicals, except for subscriptions to such publications; and - Accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.

Effects of Cancellation If you requested the performance of services begin during the cancellation period, you are required to pay us an amount which is in proportion to what has been performed until you have communicated to us your decision to cancel this contract. We will reimburse to you any amount you have paid above this proportionate payment.

If you provide express consent to the supply of digital content during the cancellation period and acknowledge that your right to cancel the contract is lost by the supply of digital content during the cancellation period, you will no longer have a right to cancel the contract.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Consumer Protection Law Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Applicable Law These Terms and Conditions are governed by the laws of the Country of England.

Limitation of Liability

ONDIGITAL MARKETING LTD and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless ONDIGITAL MARKETING LTD and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and ONDIGITAL MARKETING LTD are unable to resolve any dispute through informal discussion, then you and ONDIGITAL MARKETING LTD agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and ONDIGITAL MARKETING LTD. The costs of any mediation or arbitration will be shared equally between you and ONDIGITAL MARKETING LTD. Notwithstanding any other provision in these Terms and Conditions, you and ONDIGITAL MARKETING LTD agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.

All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Disclaimer

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

ONDIGITAL MARKETING LTD 128, City Road, London, EC1V 2NX, UNITED KINGDOM [email protected]

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