Terms & Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the digimalo.com website (the “Service”) operated by Digimalo (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1) Scope

1.1 These General Terms & Conditions Digimalo (Company number [Insert Company Number]) shall apply to all contracts of the Seller and a contracting partner (hereinafter “Customer”) on the sale, delivery, and temporary provision of digital contents, digital goods, and non-digital goods (hereinafter collectively also “Goods”). To the extent that the Seller also offers services, the Seller shall render them exclusively as an ancillary service to the aforementioned purchase contracts. Deviating, conflicting, or complementing General Terms & Provisions of the Customer shall become part of a contract only if and to the extent that the Seller expressly consents to their application. A tacit recognition of General Terms & Conditions of the Customer by the Seller by conclusive behavior shall be excluded. Such consent requirement shall apply in any case, including, for example, if the Seller unconditionally renders services toward the Customer while being aware of the Customer’s General Terms & Conditions.

1.2 These GTC shall apply to both consumers and entrepreneurs. Unless the GTC below contains separate notes, any and all terms shall equally apply to contracts with entrepreneurs and consumers. Where individual terms do not apply to consumers at all or only in a modified form, this shall be expressly mentioned.

1.3 These terms shall also apply to future contractual relationships between the Customer and the Seller where the Customer is an entrepreneur.

1.4 Digital contents in the sense hereof shall include all digital services, except for digital Goods, any digitally existing access codes, product keys, or other digitally existing information.

1.5 Digital Goods in the sense hereof shall include any software not existing on a physical data carrier that is provided by the Seller for downloading, where appropriate with certain rights of use being granted under cl. 5 and 6.

1.6 Non-digital Goods in the sense hereof shall include any software existing on a physical data carrier that is distributed in physical form by the Seller, where appropriate with certain rights of use being granted under cl. 5 and 6, as well as other physical products.

1.7 The Seller operates an online shop via its website (hereinafter “Online Shop”). In addition, the Seller may also sell products via various marketplaces.

1.8 By sending the purchase order under cl. 2.2, the Customer shall agree with these GTC.

2) Conclusion of the Contract

2.1 The presentation of Goods in the online shop does not constitute a binding offer to conclude a contract, but rather an invitation to place an order (invitatio ad offerendum).

2.2 By placing an order via the online shop, the Customer makes a binding offer to purchase the selected Goods. The order is placed by clicking the “Buy” button after completing the order form. The Seller may accept or reject the offer within a reasonable time after receiving the order.

2.3 After the order has been placed, the Customer will receive an automated confirmation email, which acknowledges receipt of the order and does not constitute acceptance of the offer. A contract is only concluded when the Seller confirms acceptance of the order or dispatches the Goods to the Customer.

2.4 The Seller reserves the right to refuse or cancel any orders at its discretion, especially in cases of apparent errors or technical issues in the online shop.

3) Prices and Payment

3.1 All prices are quoted in the currency specified on the website and include applicable VAT, unless otherwise stated.

3.2 The Seller reserves the right to change the prices of Goods at any time before the Customer places an order. Once the Customer’s order is accepted, the price at the time of the order will apply.

3.3 Payment for Goods is due immediately after the order is placed unless otherwise agreed. The Customer can make payment through the methods specified on the website (e.g., credit card, PayPal, etc.).

3.4 In the event of delayed payment, the Seller reserves the right to charge the Customer interest on late payments at the statutory rate.

4) Delivery and Shipping

4.1 Delivery of Goods shall be made to the address specified by the Customer during the order process. The Seller will not be held responsible for delays caused by incorrect or incomplete delivery addresses provided by the Customer.

4.2 The delivery time for each product is specified in the online shop at the time of the order. Delivery times are estimates and may be affected by stock availability or external factors.

4.3 If the Goods cannot be delivered within the specified time, the Seller will inform the Customer and provide an updated delivery estimate. If the delivery is delayed by more than 30 days, the Customer has the right to cancel the order and request a refund.

4.4 Shipping costs will be charged separately and will be displayed to the Customer during the checkout process.

5) Rights of Use for Digital Goods

5.1 Upon full payment of the purchase price, the Customer will be granted a non-exclusive, non-transferable, revocable right to use the digital Goods purchased in accordance with the terms and conditions specified in the relevant product description.

5.2 The Customer is prohibited from modifying, distributing, or reverse-engineering the digital Goods unless otherwise expressly permitted by the Seller or allowed by applicable law.

5.3 The rights of use granted are limited to the scope defined by the Seller and may not be sublicensed or transferred to third parties.

5.4 If the Customer breaches these terms, the Seller may revoke the granted rights of use.

6) Rights of Use for Non-Digital Goods

6.1 Upon full payment, the Customer is granted the right to use the non-digital Goods purchased in accordance with the Seller’s instructions or product documentation.

6.2 The Customer is prohibited from reselling, distributing, or modifying the non-digital Goods unless expressly allowed by the Seller.

6.3 Any rights to trademarks, patents, or other intellectual property in the Goods remain with the Seller or the respective third-party owners.

7) Warranty and Liability

7.1 The Seller warrants that the Goods delivered are free from defects in material and workmanship at the time of delivery and comply with the agreed specifications. The warranty period is typically one year from the date of delivery, unless otherwise specified.

7.2 In the event of a defect, the Customer must inform the Seller in writing within 14 days of discovering the issue. The Seller will either repair, replace, or refund the defective Goods at its discretion.

7.3 The Seller is not liable for any damages that occur due to improper use of the Goods, force majeure, or other external factors.

7.4 The liability of the Seller for damages, regardless of the legal grounds, is limited to the amount paid by the Customer for the defective Goods.

8) Cancellation Rights and Returns

8.1 Consumers have the right to cancel their purchase within 14 days of receiving the Goods without providing any reason. To exercise this right, the Customer must notify the Seller in writing or via email.

8.2 If the cancellation right is exercised, the Customer must return the Goods in their original condition and packaging at their own expense.

8.3 The Seller will refund the purchase price within 14 days after receiving the returned Goods, provided the Goods are in resaleable condition. The refund will be made to the original payment method.

8.4 The cancellation right does not apply to digital Goods once the download or activation has begun, unless the Customer’s statutory rights provide otherwise.

9) Delivery & Shipping Terms

9.1 Unless agreed otherwise, Goods shall be delivered by the shipping to the delivery address indicated by the Customer. The delivery address indicated in the Seller’s purchase process shall prevail for the handling of the transaction.

9.2 If the transport company sends the shipped Goods back to the Seller since delivery to the Customer was impossible, the Customer shall bear the costs for the unsuccessful shipping. This shall not apply if the Customer effectively exercises the Customer’s right of revocation, is not responsible for the circumstance causing the impossibility of delivery or was temporarily prevented from accepting the offered performance, unless the Seller announced the performance to the Customer reasonably in advance.

9.3 Self-collection shall not be possible for logistic reasons.

9.4 Digital contents shall be provided to the Customer in electronic form as download by communicating a download link. Product keys shall be sent to the Customer by e-mail.

10) Retention of Title

10.1 Title to delivered non-digital Goods shall remain with the Seller until the Seller’s purchase price claim has been paid in full (retention of title).

10.2 The Customer shall be obliged to safekeep the non-digital Goods for the Seller and to treat them with care. The Customer shall make clear that the Seller has title to these by storing them appropriately, for example by separating them from other goods in stock. This regulation shall not apply towards consumers.

10.3 In case of attachments or other interventions by third parties, the Customer must notify the Seller in writing without delay.

10.4 The Customer shall be entitled to resell non-digital Goods in the ordinary course of business, but neither to pledge nor to assign them by way of security. The Customer shall already now assign to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller’s claims which accrue to the Customer from the resale to buyers or other third parties. The assignment shall serve to secure the relevant claim to the same extent as the retention of title under cl. 10.1 of this term. The Customer shall remain authorised to collect these claims even after any assignment. The Seller shall be entitled, however, to personally collect the claims if the Customer fails to meet the payment obligations, comes into default of payment, an application for initiation of insolvency proceedings is filed or the Customer ceases payments. In these cases, the Seller may revoke the collection authorisation. Moreover, the Seller may require the Customer to notify the Seller of the assigned claims and their debtors without delay and to provide the Seller with a written declaration of assignment and all details as well as documents required to collect the claim. This regulation shall not apply to consumers.

10.5 If the non-digital Goods delivered by the Seller are combined or mixed with other movables in such a way that they become integral parts of a uniform item, the Customer shall transfer pro rata co-title to the uniform item to the Seller. The Customer shall already now assign to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller’s claims which accrue to the Customer from the resale of objects to which co-title is due to the Seller; the Seller shall accept such assignment. The regulations in cl. 10.4 sentence 3 et seqq. shall apply mutatis mutandis. This regulation shall not apply to consumers.

10.6 If the Customer uses the non-digital Goods delivered by the Seller in such a way that they become part of a new item, causing the Seller’s title to be definitely lost, the Seller’s title shall continue with a pro rata proportion to the manufactured product. The Customer shall already now assign to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller’s claims which accrue to the Customer from the resale of the product to buyers or other third parties. The regulations in cl. 10.4 sentence 3 et seqq. shall apply mutatis mutandis. This regulation shall not apply to consumers.

10.7 If the securities due to the Seller exceed the secured claims by more than 20%, the Seller shall be obligated to release, at the Seller’s option, the securities exceeding the aforementioned limit at the Customer’s request.

11) Warranty for Contracts under Cl. 3.2, 3.3 a) and 3.3 c)

11.1 The regulations of this cl. 11 shall apply to contracts under cl. 3.2, 3.3 a) and 3.3 c).

11.2 Claims for material defects against the Seller shall become statute-barred one year after transfer of risk where these are newly manufactured items or performances of work. This shall not apply if longer deadlines are provided by law under section 438 (1) (2) (buildings and things used for buildings), section 445b (1) (recourse claim) and section 634a (1) (2) (construction defects) BGB. This regulation shall not apply to consumers.

11.3 For any delivery of used Goods, any rights due to material defects shall be excluded – subject to legal regulations and other agreements. This regulation shall not apply to consumers.

11.4 Any and all details on the Goods, whether or not expressly agreed in writing, shall be a statement of condition and not guarantees, warranted characteristics, contractually envisaged uses or the like. Obvious inaccuracies (typing, arithmetical, formal errors, etc.) in notes, protocols, operating instructions, calculations, prospectuses, in the Seller’s Online Shop, etc. may be rectified by the Seller at any time. Any entitlement to remedy of such obvious defects shall be excluded.

11.5 Towards merchants, the legal duties to inspect and to give notice of defects under section 377 HGB (German Commercial Code) shall apply to the Seller’s deliveries in any case. If a delivery is directly made to a consumer on behalf of an intermediary, the commercial-law obligation to give notice of defects shall apply as well and without limitation. This regulation shall not apply to consumers.

11.6 If the Customer rejects the Seller’s delivery for any reason other than a major defect causing the use to be severely limited or impossible despite the Seller having declared readiness to perform, the Customer shall come into default of acceptance. Acceptance of the delivery must not be refused due to minor defects.

11.7 The warranty shall not include defects attributable to improper operation, system components modified contrary to the contractual basis, use of inappropriate organisational means, utilisation in a hardware or software environment not meeting the requirements specified in the licence certificate, unusual operating conditions or system interventions by the Customer or third parties. If Goods are used in conjunction with devices of third parties, warranty for functional and performance defects shall exist only if such defects arise even without such a conjunction or if the compatibility with these objects is part of the contractually agreed condition.

11.8 If a delivery is defective, the Seller may, at the Seller’s option, perform subsequent performance by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery). In the latter case, the Customer shall be obligated to grant the defective Goods back at the Seller’s request according to the statutory provisions. If the Customer is a consumer, the preceding sentence shall apply with the proviso that uses are not to be returned or to be replaced by their value. The Customer must give the Seller time and opportunity to perform subsequent performance, in particular to rectification.

11.9 The expenses required for inspection and subsequent performance, in particular transport, workmen’s travel, work and materials costs, shall be borne by the Seller according to the statutory provisions if a defect actually exists. If the Customer requests remedy of defects without justification, the Seller shall be entitled to demand reimbursement of subsequent performance costs, unless the Customer is not responsible for the inaccurate notice of defects. If subsequent performance fails, the Seller definitely and seriously refuses subsequent performance (also under section 439 (4) BGB), subsequent performance is unreasonable for the Customer or a case of section 323 (2) BGB exists, the Customer may withdraw from the contract or reduce the consideration without prejudice to any damages claims.

11.10 Claims and rights of the Customer for defects shall not exist for only minor deviation from the agreed condition, for only minor impairment of usability, for natural wear or damage to the extent that these are attributable to incorrect or negligent handling or storage, excessive stress, inadequate operating equipment or special external influences not envisaged under the contract. If subsequent performance fails, entitling the Customer, on the one hand, to continue requesting subsequent performance or, on the other hand, to assert the statutory alternative rights, the Seller may require the Customer to exercise the Customer’s rights within a reasonable grace period. The Customer must notify the Seller of the decision in text form (e.g. e-mail, fax or letter). Receipt of the Customer’s declaration by the Seller shall be decisive for compliance with the grace period. If the Customer fails to exercise the rights in due time, the Customer may assert these, in particular the rights to withdrawal or damages in lieu of performance, only if a new reasonable deadline for subsequent performance determined by the Customer expires to no avail. This regulation shall not apply to consumers.

11.11 Recourse claims of the Customer against the Seller under section 445a BGB shall exist only to the extent that the Customer and the Customer’s buyer had not made any agreements beyond the legal claims for defects. This regulation shall not apply to consumers.

11.12 The reduced statute of limitations and the exclusion of liability under this cl. 11 shall not apply in cases of injury to life, limb or health by wilful intent or negligence, to a breach of duty by the Seller by wilful intent or gross negligence, to fraudulent concealment of a defect, to a relevant guarantee of condition or to claims under the German Product Liability Act.

12) Warranty for Contracts under Cl. 3.3 b)

12.1 The regulations of this cl. 12 shall apply to contracts under cl. 3.3 b).

12.2 The Customer shall be entitled to the legal rights for material defects. The Customer shall be obligated to notify the Seller of material defects without delay.

12.3 The Customer’s right to terminate without notice for non-granting of use in conformity with contract under section 543 (2) s. 1 (1.) BGB shall be excluded. This shall apply neither to a defect maliciously concealed by the Seller nor to untimely delivery to the Customer if the Seller is responsible for the delay in delivery.

12.4 Claims and rights of the Customer for defects shall not exist if the Customer fails to use the software as intended or misuses the software, modifies or alters the software without the Seller’s prior written consent or if problems or errors are based on the software being utilised in a hardware or software environment not meeting the requirements specified in the licence certificate, unless the Customer demonstrates that the defect is attributable to the software.

12.5 Claims and rights of the Customer for defects shall not exist for only minor deviation from the agreed condition, for only minor impairment of usability, for natural wear or damage to the extent that these are attributable to incorrect or negligent handling or storage, excessive stress, inadequate operating equipment or special external influences not envisaged under the contract.

12.6 The exclusion of liability under this cl. 12 shall not apply in cases of injury to life, limb or health by wilful intent or negligence, to a breach of duty by the Seller by wilful intent or gross negligence, to fraudulent concealment of a defect, to a relevant guarantee of condition or to claims under the Product Liability Act.

12.7 To the extent that the Seller delivers updates, upgrades, new programme versions or other new contents to the initial contract object hereunder, this cl. 12 shall apply mutatis mutandis.

12.8 Where legal defects exist, the provisions in this cl. 12 shall apply mutatis mutandis.

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13) “100% Money-Back Guarantee” Guarantee Terms

The guarantee shall be limited to 3 years from the invoice date. This shall not include products with a limited term. The guarantee for such products shall be limited to the term of the product. On production of proof that the product was acquired from the Seller and on production of a written confirmation that the product will not continue to be used and was not forwarded to third parties either, 100% of the paid price shall be reimbursed. The repayment shall be effected 14 days after receipt of the proof and confirmation by the Seller. Please refer tohttps://digimalo.com/refund_returns/ .

14) Liability for Other Breaches of Duty

14.1 For breaches of duty which are not material or legal defects under cl. 11 and 12, the Seller shall be liable for both wilful and grossly negligent conduct by executive bodies and agents and, regardless of the degree of fault, for damage from injury to life, limb and health.

14.2 The Seller shall further be liable for simple negligence by executive bodies and agents in case of impossibility, default of performance, non-compliance with a guarantee or violation of any other essential contractual obligation. Essential contractual obligations shall be such whose fulfilment is essential for ensuring due and proper implementation of the contract in the first place and on compliance with which the contracting partner may regularly rely. In such cases, the Seller’s liability shall be limited to contract-typical damage with which the Seller reasonably had to anticipate upon conclusion of the contract.

14.3 Any liability of the Seller beyond the liability under cl. 12.1 and 12.2 for any legal reason whatsoever shall be excluded. This shall apply, in particular, to any and all claims for the violation of contractual obligations and to tort liability, but not to claims for default upon conclusion of the contract.

14.4 The Seller shall not assume any liability for any loss of data upon verification, any necessary repair measures or other services. The Customer must ensure that the data existing on the respective devices or data memories is backed up and that no sensitive data is located on these.

14.5 Any limitation of liability agreed with the Customer shall also apply for the benefit of the Seller’s executive bodies and agents.

14.6 Claims under the Product Liability Act shall remain unaffected.

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15) Redemption of Campaign Vouchers 

15.1 Vouchers with a certain validity period which are issued by the Seller free of charge in advertising campaigns and which cannot be acquired by the Customer by purchase (hereinafter “Campaign Vouchers”) may be redeemed only in the Seller’s Online Shop and only during the indicated period.

15.2 Individual products may be excluded from the voucher campaign where a corresponding restriction follows from the content of the Campaign Voucher.

15.3 Campaign Vouchers may be redeemed only before completion of the ordering process. Any post-offsetting shall not be possible.

15.4 Only one Campaign Voucher may be redeemed for each order.

15.5 The value of the Goods must at least be equal to the amount of the Campaign Voucher. The Seller shall not reimburse any remaining credit.

15.6 If the value of the Campaign Voucher is not sufficient to cover the order, one of the remaining payment methods offered by the Seller may be chosen to settle the difference amount.

15.7 The credit of a Campaign Voucher shall neither be paid out in cash nor bear interest.

15.8 The Campaign Voucher shall not be reimbursed if the Customer returns under the Customer’s legal right of revocation the goods paid in whole or in part with the Campaign Voucher.

15.9 The Campaign Voucher shall be transferable. The Seller may perform with discharging effect to the respective holder redeeming the Campaign Voucher in the Seller’s Online Shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the respective holder’s non-entitlement, incapacity to contract or lacking representation entitlement.

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16) Naming as Reference

If the Customer is entrepreneur, the Customer consents to be named by the Seller as reference on the Seller’s website, in the Seller’s social media profiles (such as Twitter, LinkedIn, Xing) and in own publications, stating the Customer’s company and using the Customer’s trademark related to such company. Such consent may be revoked at any time with effect for the future by declaration towards the Seller.

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17) Affiliate Program

17.1 General. These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program made available by DIGIMALO LTD (“DIGIMALO”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between DIGIMALO LTD and the individual or entity who participates in the Affiliate Program (the “Affiliate” or “you”). Please read this agreement carefully, as it represents a legally binding agreement between you and DIGIMALO LTD. By submitting your application and using the Affiliate Program, you agree to comply with all terms and conditions set out in this Affiliate Agreement. DIGIMALO LTD may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that DIGIMALO LTD believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.

17.2 Referral Tracking. DIGIMALO LTD will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to digimalo.com. DIGIMALO LTD will track users who have visited these Referral Links using cookies which expire after 21 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard. The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. DIGIMALO LTD is not responsible for any tracking or reporting errors that may result from modifications to the Referral Link or the cookies.

17.3 Affiliate Fees and Payouts. DIGIMALO LTD settles the payment of commissions when requested by the Affiliate, via PayPal, wire transfer, or other requested methods if offered among DIGIMALO LTD payment methods, once the minimum amount of €50.00 is reached. DIGIMALO LTD undertakes to retain the commissions accrued on behalf of the Affiliate until the minimum payable balance is reached. No interest on late payments shall apply to the amounts accrued and not yet disbursed. To receive payment, the Affiliate undertakes to issue an invoice, receipt, or comparable document for the amount requested. Payment will be issued within 30 days of the submission of a regular invoice or receipt from the Affiliate.

17.4 Advertisements. DIGIMALO LTD hereby grants the Affiliate a non-exclusive, non-transferable, limited license to use DIGIMALO LTD‘s logos for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program. The Affiliate may only display advertisements that contain DIGIMALO LTD’s logos or service marks in good taste. The Affiliate may not use DIGIMALO LTD’s logos or service marks in a manner that, in DIGIMALO LTD‘s sole discretion, portrays DIGIMALO LTD in a negative light. The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws. DIGIMALO LTD may, without prior notice, require the Affiliate to remove or modify any advertisements in DIGIMALO LTD‘s sole discretion.

17.5 Termination. The Affiliate may terminate participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination. DIGIMALO LTD reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that DIGIMALO LTD, in its sole discretion, deems to be harmful to its business or any third party. Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.

17.6 Relationship of Parties. DIGIMALO LTD and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on DIGIMALO LTD’s behalf.

17.7 Limitation of Liability. The Affiliate Program is provided on an “as is” and “as available” basis, and the use of the Affiliate Program is at the Affiliate’s own risk. DIGIMALO LTD makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program. DIGIMALO LTD is not responsible for any damages, injury, or economic loss arising from the use of the Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them. The Affiliate will indemnify and hold harmless DIGIMALO LTD, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.

17.8 Modification. DIGIMALO LTD may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: http://www.digimalo.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement. If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.

17.9 Miscellaneous. The Affiliate warrants and represents that it is over the age of 19 and is qualified to enter into this Affiliate Agreement. The Affiliate warrants and represents that its actions and its participation in the Affiliate Program are in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. DIGIMALO LTD reserves the right to terminate the Affiliate’s participation in the Affiliate Program if DIGIMALO LTD determines, in its sole discretion, that the Affiliate’s actions or participation in the Affiliate Program violate any laws, rules, regulations, or any requirements of governmental authority. This Affiliate Agreement constitutes the entire understanding between DIGIMALO LTD and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto, and neither party shall be bound by any statements or representations that are not embodied in this Agreement. These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.

18) Final Provisions

18.1 The Customer shall be entitled to assign rights and claims from the contractual relationship to third parties only with DIGIMALO LTD’s prior written consent. Section 354a HGB shall remain unaffected; section 354a HGB shall not apply to consumers.

18.2 English law shall apply exclusively, excluding the UN Sales Law as well as the referral by private international and procedural law. This choice of law shall apply to consumers only to the extent that no broader protection is granted by mandatory provisions of the laws of the country in which the consumer has his or her habitual residence.

18.3 The place of exclusive jurisdiction for any and all disputes from and in connection with contracts governed by these GTC shall be DIGIMALO LTD’s headquarter, with DIGIMALO LTD being entitled, however, to file claims against the Customer at every jurisdiction provided by law. This regulation shall not apply to consumers.

18.4 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:

https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. DIGIMALO LTD shall not be obliged but is generally willing to take part in dispute resolution proceedings before a consumer conciliation body. This shall not affect, however, the remaining regulations of this cl. 17.

Contact us

Company Name: DIGIMALO LTD
Company Full Address: 24-26, Arcadia Avenue, FIN0000, London, N3 2JU, UNITED KINGDOM
Contact Email: support@digimalo.com
Phone Number: +447570164296

If you have any questions about these Terms, please Contact us.