Terms Of Sale
Background
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, Digivapevending.com ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Services
“Services” means the services which are to be provided by Us to you as specified in your Service Order (and confirmed in Our Service Order Confirmation); and
“We/Us/Our” means Digi Vape Vending Limited, a company registered in England under company number Registered in England and Wales number: 14958136, whose registered address is Unit 164 Milton Keynes Business Centre, Hayley Court, Linford Wood, Milton Keynes, England, MK14 6GD.
2. Information About Us
2.1 Our Site, Digivapevending.com, is owned and operated by Digi Vape Vending Limited, a limited company registered in England under Registered in England and Wales number: 14958136 company number, whose registered address is Unit 164 Milton Keynes Business Centre, Hayley Court, Linford Wood, Milton Keynes, England, MK14 6GD. Our VAT number is 123456789.
2.2 We are regulated by Institute of Financial Accountants, a member of the IPA group.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time with a reasonable notice period. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
4. Business Customers
These Terms of Sale do not apply to customers purchasing Services in the course of business.
5. Software & Service
5.1 Data provided - All data and documents uploaded by Clients remains the property of Clients as permission and rights are granted to Digi Vape Vending Limited to use the data appropriately for the purpose of delivering the required service.
5.2 Clients Responsibilities - Clients (i) must keep its passwords secure and confidential; (ii) is solely responsible for Client Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to their account, and notify Digi Vape Vending Limited promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s Knowledge Base and applicable law.
5.3 Data Security - Digi Vape Vending Limited is committed to ensuring the security and integrity of the services provided on this website. We take reasonable care and implement measures to protect user data and information from unauthorized access, loss, or misuse. However, it is important to note that no online platform can guarantee absolute security.
5.4 No Guarantee of Absolute Security - While Digi Vape Vending Limited employs industry-standard security practices, we do not provide an absolute guarantee of the security of user data and information transmitted or stored on our website. The nature of online interactions and data transmission inherently involves risks beyond our control.
5.5 Clients acknowledge that the security of their data can be impacted by factors such as the use of public networks, hardware and software vulnerabilities, and unforeseen security breaches. Digi Vape Vending Limited shall not be held liable for any unauthorized access, loss, or misuse of user data despite our best efforts to secure the service.
5.6 Review and Modification - Digi Vape Vending Limited may update its security measures and policies from time to time to enhance user data protection. Users are encouraged to review the terms and conditions regularly to stay informed about any changes related to security practices.
6. Term & Termination
6.1 Term - The term of the service ("Service") provided by Digi Vape Vending Limited ("Company") shall commence upon the Client’s enrolment in the Service and continue indefinitely until terminated as per the terms outlined in this section.
6.2 Notice of Termination - Either party may terminate the Service by providing a written notice to the other party. The notice period for termination shall be thirty (30) days. The notice of termination shall be sent to the respective party's contact details as provided during the enrolment process.
6.3 Automatic Continuation - If neither party initiates termination within the notice period, the Service shall automatically continue on a month-to-month basis until terminated as per the terms outlined in this section.
6.4 Mutual Termination - In the event that both parties mutually agree to terminate the Service, the termination shall take effect on the agreed-upon date specified in the mutual termination notice. The mutual termination notice shall be provided in writing and signed by authorized representatives of both parties.
6.5 Effect of Termination - Upon termination of the Service, the user's access to the online platform and associated services will be suspended. The Company shall complete any pending services for which payment has been received prior to the effective termination date.
6.6 Survival of Terms - The provisions of this section related to payment, intellectual property rights, confidentiality, and any other terms that by their nature are intended to survive termination shall continue to apply even after the termination of the Service.
6.7 Governing Law - This "Term and Termination" section shall be governed by and construed in accordance with the laws of the jurisdiction specified in the Service Agreement.
7. Problems with the Services and Your Legal Rights
7.1 Service Satisfaction - Digi Vape Vending Limited strives to provide quality services to our clients. In the event that a client encounters issues or problems with the service, we are committed to addressing and resolving these concerns in a fair and timely manner.
7.2 Reporting Issues - Clients experiencing problems with the service are encouraged to promptly report the issue to our customer support team. Detailed information about the issue, including relevant documents and any error messages, will aid in the investigation and resolution process.
7.3 Investigation & Resolution - Upon receipt of an issue report, the Company will undertake a thorough investigation to identify the root cause of the problem. The Company will make reasonable efforts to rectify the issue and provide a resolution within a reasonable timeframe, keeping the client informed of the progress.
7.4 Client Legal Rights - Clients' legal rights and remedies in relation to problems with the service are governed by applicable consumer protection laws and regulations in the relevant jurisdiction. Clients retain the right to seek remedies available under the law if the service does not meet the agreed-upon standards or if there are breaches of the terms and conditions.
7.5 Limitation of Liability - The Company's liability for problems with the service is subject to the terms outlined in the "Limitation of Liability" section of the terms and conditions.
7.6 Dispute Resolution - In the event of a dispute arising from problems with the service, both parties agree to attempt to resolve the dispute through negotiations and discussions. If a resolution cannot be reached through negotiations, the dispute shall be subject to the dispute resolution mechanisms outlined in the "Dispute Resolution" section of the terms and conditions.
7.7 Feedback & Improvement - Client feedback on problems with the service is valuable to us. It helps us improve our services and address any shortcomings in our processes. We appreciates clients who provide constructive feedback and suggestions for improvement.
7.8 Severability - If any provision of this "Problem with the Service and Client Legal Rights" section is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Limitation of Liability
8.1 Exclusion of Consequential and Indirect Damages - Digi Vape Vending Limited ("Company") shall not be liable for any indirect, consequential, incidental, or special damages arising out of or in connection with the service provided.
8.2 Maximum Liability - The maximum liability of the Company for any claims, damages, or losses arising from our service, whether in contract, tort, or otherwise, shall be limited to the total fees paid by the client for the specific service in question.
8.3 No Liability for Third-Party Actions - The Company shall not be liable for any damages, losses, or liabilities arising from the actions, omissions, or conduct of third parties, including but not limited to government authorities, financial institutions, or other service providers.
8.4 Force Majeure – Digi Vape Vending Limited shall not be liable for any failure to perform its obligations under the terms and conditions if such failure is due to causes beyond its reasonable control, including but not limited to acts of nature, government actions, and technical failures.
8.5 No Waiver of Rights - The limitations of liability outlined in this section do not limit or exclude any statutory rights that clients may have under applicable laws.
9. Communication and Contact Details
9.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0330 043 4176, by email at paul@digivapevending.com, or by post at Unit 164, Milton Keynes Business Centre, Hayley Court, Linford Wood, Milton Keynes, England, MK14 6GD.
10. Other Important Terms
10.1 We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
10.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
10.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
10.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
10.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
10.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
11. Law and Jurisdiction
11.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
11.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales as determined by your residency.
Last Updated: 30th December 2023