TERMS AND CONDITIONS OF USE
By agreeing to these terms and conditions, you also agree to our Return Policy. We cannot be held responsible for orders placed “by mistake” and/or for incorrectly ordered products. Refunds can only be processed IF, in the unlikely event, the license key is defective.
If you are unsure which product to purchase, please contact us in advance. Digital downloads have their own unique category under the Consumer Contracts Regulations and are therefore not services or goods. If you wish to download/use anything within 14 days of purchase, you agree to these terms and conditions and automatically consent to waive your cancellation rights.
This is to protect sellers of digital goods against certain consumers who abuse the system by purchasing a license key, using it, and then applying for a refund. Please read all of these terms and conditions. As we can accept your order and enter into a legally binding agreement without further reference to you, you should read these terms and conditions to ensure they contain everything you want and nothing you are unhappy with. If you are unsure about anything, write to us at support@digitalsoft4u.com.
Scope of Application
- These Terms and Conditions apply to the purchase of services and goods by you (the “Client” or “you”). We are DigitalSoft4U.com.
- These are the terms under which we sell all Services to you. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking the “I Accept” button. If you do not click the button, you will not be able to complete your order.
- You may purchase Services and Goods from the Website only if you are legally eligible to enter into a contract and are at least 18 years of age.
Interpretation
- User means an individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession.
- Contract means a legally binding agreement between you and us for the provision of the Services.
- Place of Delivery means the Supplier’s premises or any other location where the Services will be delivered, as specified in the Order.
- Durable Medium means paper, email, or any other medium that allows information to be personally addressed to the recipient, enables the recipient to store the information for future reference for a period long enough for its purpose, and allows the unchanged reproduction of the stored information.
- Goods means any items we supply to you with the Services, in the quantity and description set out in the Order.
- Goods means any items we supply to you with the Services, in the quantity and description set out in the Order.
- Privacy Policy means the terms that define how we handle confidential and personal information received from you through the Website.
- Services means the services advertised on the Website, including any Goods, in the quantity and description specified in the Order.
- Website means our website digitalsoft4u.com, where the Services are advertised.
Services
- The description of the Services and any Goods is as stated on the Website, in catalogs, brochures, or other forms of advertising. Any description is for illustrative purposes only, and slight variations in the size or color of the delivered Goods may occur.
- In the case of Services or Goods made according to your specific requirements, it is your responsibility to ensure that all information or specifications you provide are accurate.
- All Services displayed on the Website are subject to availability.
- We may make changes to the Services as required to comply with any applicable law or safety requirement. You will be notified of such changes.
Client Responsibilities
- You must cooperate with us on all matters related to the Services, provide us and our authorized employees and representatives with access to all premises under your control as required, provide all information necessary to perform the Services, and obtain all necessary licenses and consents (unless agreed otherwise).
- Failure to comply with the above constitutes a default by the Client, which entitles us to suspend performance of the Services until you remedy it, or, if you fail to remedy it after our request, to terminate the Contract with immediate effect by written notice to you.
Personal Information
- We store and use all information strictly in accordance with our Privacy Policy.
- We may contact you by email, other electronic communication methods, or prepaid mail, and you expressly agree to this.
Basis of Sale
- The description of the Services and Goods on our Website does not constitute a contractual offer to sell the Services or Goods. When an order is placed on the Website, we may reject it for any reason, although we will try to inform you of the reason promptly.
- The order process is described on the Website. Each step allows you to check and correct any errors before submitting your order. It is your responsibility to ensure that you have used the ordering process correctly.
- A Contract for the ordered Services will be formed only when you receive an email from us confirming the Order (“Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and notify us immediately of any errors. We are not responsible for inaccuracies in your Order. By placing an order, you agree that we may confirm the Contract by email containing all relevant details (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after the Contract is concluded, but in any case no later than the delivery of any Goods supplied under the Contract and before the performance of any of the Services begins.
- Any quotation or estimate of fees (as defined below) is valid for a maximum period of 14 days from the date of issue, unless expressly withdrawn earlier.
- No change to the Contract, whether regarding the description of the Services, fees, or otherwise, may be made after its conclusion unless agreed in writing by both the Client and the Supplier.
- We intend these Terms and Conditions to apply only to a Contract entered into by you as a Consumer. If this is not the case, you must inform us so that we can provide you with a different contract containing terms that may be more appropriate and, in some respects, more favorable to you, such as granting you rights as a business.
Fees and Payment
- The price of all Goods (if not included in the Fees) and any additional delivery or other charges are those stated on the Website on the date we accept your Order.
- The Fees include VAT at the rate applicable at the time of the Order.
- You must make payment by providing your credit or debit card details with your Order, and we may process the payment immediately.
Delivery
- We will deliver the Services, including any Goods, to the delivery email address at the agreed time or within the agreed period.
- АIf any Goods form a commercial unit (a unit is considered commercial if separating it would substantially reduce the value of the goods or alter the nature of the unit), you may not cancel or reject the Order for some of those Goods without also canceling or rejecting the entire Order.
- You agree that we may deliver the Goods in installments if we experience a shortage of stock or any other genuine and fair reason, subject to the above provisions and provided that you are not charged any additional fees.
- If you or your designated person fail, through no fault of ours, to take delivery of the Services at the Place of Delivery, we may charge reasonable costs for storage and redelivery.
- The Goods become your responsibility upon completion of delivery or collection by the client. You should, where reasonably possible, inspect the Goods before accepting them.
Risk and Title
- The risk of damage to or loss of the Goods passes to you upon delivery.
- You do not own the Goods until we have received full payment. If full payment is overdue, or if any steps are taken toward your bankruptcy, we may choose, by giving notice, to cancel any delivery and terminate your right to use any Goods that remain in your possession. In such a case, you must return the Goods to us or allow us to retrieve them.
Withdrawal and Cancellation
- Please refer to the top of this page for your cancellation rights. By making a purchase, you agree to these terms.
Deduction for Delivered Goods
- We may make a deduction from any refund for the loss of value of delivered Goods if the loss results from unnecessary handling by you (i.e., handling the Goods beyond what is necessary to determine their nature, characteristics, and functionality — for example, handling that goes beyond what would reasonably be allowed in a store). This is because you are responsible for that loss, and if such a deduction is not made, you must compensate us for the amount of that loss.
Refund Schedule
If we have not offered to collect the Goods, we will issue the refund without undue delay and no later than:
14 days after the day we receive the returned Goods from you, or
(if earlier) 14 days after the day you provide evidence that you have sent the Goods back.
If we have offered to collect the Goods, or if no Goods have been delivered or are yet to be delivered (i.e., this is a contract solely for the supply of Services), we will issue the refund without undue delay and no later than 14 days after the day we are informed of your decision to cancel this contract.
We will make the refund using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of the refund.
Return of Goods
- Please refer to the top of this page for your return rights. By making a purchase, you agree to these terms.
Conformity
- We have a legal obligation to deliver the Goods in accordance with the Contract, and we will not have fulfilled this obligation if the Goods do not meet the following requirements.
- The User acknowledges that he/she is acting on behalf of his/her own company or on behalf of a third-party company he/she represents.
- The User agrees and guarantees that he/she is VAT registered and is using their valid VAT number, or, if the VAT number was not used during the purchase, agrees to provide it to the Supplier after the purchase. In the event that these conditions are not met, the Supplier will be required to charge VAT on the order.
Upon delivery, the Goods shall:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods that you made known to us before the Contract was made (except where it would be unreasonable for you to rely on our skill and judgment), and be fit for any purpose stated by us or set out in the Contract;correspond to their description.
- Non-conformity does not apply if the cause of the non-conformity lies within your own materials.
- We will provide the Services with reasonable skill and care.
- Regarding the Services, anything we tell or write to you—or that someone else tells or writes to you on our behalf—about us or about the Services forms a condition of the Contract (which we must comply with) if you take it into account when deciding to enter into the Contract or when making any decision about the Services after entering into the Contract. Anything you take into account is subject to any qualification or clarification that was given or written by us (or on our behalf) on the same occasion, as well as any subsequent change explicitly agreed between us (either before or after the Contract is made).
Duration, Termination, and Suspension
- The Contract shall continue for as long as is necessary to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by giving written notice of termination or suspension to the other party if that party:
- commits a serious breach, or a series of breaches resulting in a serious breach, of the Contract, and the breach either cannot be remedied or is not remedied within 30 days after written notice; or
- becomes subject to any steps toward bankruptcy or liquidation.
- Upon termination of the Contract for any reason, neither our remaining rights nor obligations shall be affected.
Successors and Our Subcontractors
- Either party may transfer the benefit of this Contract to another person but will remain responsible to the other party for its obligations under the Contract. The Supplier will be liable for the actions of any subcontractors it engages to assist in performing its duties.
Circumstances Beyond the Control of Either Party
- In the event of a failure by either party due to something beyond its reasonable control:
- the affected party shall notify the other party as soon as reasonably possible; and
- the obligations of that party shall be suspended to the extent reasonably possible, provided that the party acts reasonably and shall not be held liable for any failure it could not reasonably have avoided.
- This does not affect the Client’s rights regarding delivery (and the right to cancellation as outlined above).
No Liability
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by the Supplier’s negligence or breach of other legal obligations.
Subject to this, we are not liable for (i) any loss that was not reasonably foreseeable by both parties at the time the Contract was made, or (ii) any loss (such as loss of profit) related to your trade, business, craft, or profession that would not be suffered by a Consumer — as we believe you are not purchasing the Services and Goods wholly or mainly for such purposes.
Applicable Law, Jurisdiction, and Complaints
- The Contract (including any non-contractual matters) is governed by the law of Bulgaria..
- Disputes may be submitted to the jurisdiction of the courts of Bulgaria.
- We try to avoid disputes, so we handle complaints as follows: please contact support@digitalsoft4u.com to resolve your dispute.
Warranty and Limitation of Liability
DigitalSoft4U guarantees that the Goods purchased through the website will be of satisfactory quality and fit for the purpose for which they are supplied.
All Goods supplied by DigitalSoft4U come with a 12-month warranty against defects from the date of purchase, unless otherwise stated. All warranty claims are return-to-base unless a manufacturer’s warranty exists, in which case you must follow the manufacturer’s warranty procedures. Defects in the Goods arising from normal wear and tear, or from damage caused by you or a third party, are not covered by this warranty. This warranty does not affect your statutory consumer rights.
DigitalSoft4U shall not be liable to any person for any loss or damage arising from the use of goods or information displayed on the website.
In no event shall DigitalSoft4U be liable (whether in contract or otherwise) for any indirect, consequential, or incidental losses, loss of profits, revenue, data, or goodwill, or for any management time lost, failure to achieve expected savings, or liability you may incur to any third party arising in any way in connection with these Terms or otherwise—whether or not such loss was discussed in advance between DigitalSoft4U and you—or for any account of profit, costs, or expenses resulting from such loss or damage.
The total liability of DigitalSoft4U under these Terms and any matter arising out of them (including claims made in contract or tort) shall be limited to an amount equal to twice the fee excluding VAT.
Except as expressly provided in these Terms, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Nothing in this clause shall operate to exclude DigitalSoft4U’s liability for death or personal injury resulting from its negligence.
Each sub-clause of this clause constitutes a separate and distinct provision. The provisions of this clause shall remain in full force and effect regardless of termination, completion, or any other matter that might otherwise render these Terms invalid.
Digital Goods
Under Article 4(c) of the European Council Directive on the legal protection of computer programs, digital goods do not constitute a “first sale” and are covered by the EU doctrine of exhaustion of Community rights.
Data Protection and Privacy
Data Protection and Privacy for www.digitalsoft4u.com
Overview
This policy sets out the basis on which any personal data we (DigitalSoft4u.com) collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is DigitalSoft4u.com.
Personal Information We May Collect
We only collect personally identifiable information that is voluntarily provided by a visitor to our site. For example, a visitor may choose to provide personal information to contact us for more details, join our mailing list, sign up for membership, or register for a course or event.
We may collect data about you through:
2.2.1 information you provide by filling out forms on our site;
2.2.2 completion of our event/training booking or inquiry forms via email;
2.2.3 telephone inquiries;
2.2.4 subscribing to our services and offers;
2.2.5 registering to use our site;
2.2.6 we may also ask for information if you report a problem with our site.
We may collect the following data about you:
2.3.1 if you contact us, we may keep a record of that correspondence;
2.3.2 we may also ask you to complete surveys we use for research purposes, although you are not required to respond to them;
2.3.3 details of transactions you carry out with us through or in connection with our site;
2.3.4 details of your visits to our site and the resources you access;
2.3.5 information you provide to us for the purpose of subscribing to services on our site, email notifications, and/or newsletters.
IP Address
We may collect information about your computer, including your IP address, operating system, and browser type, where available, for system administration and to provide aggregated information to our advertisers. These are statistical data about our users’ browsing actions and patterns and do not identify any individual.
Cookies
Cookies are small data files that most website operators place in the browser or on the hard drive of a user’s computer. Cookies can collect information about a user’s interaction with the website or allow the website to recognize the user as a returning customer when they revisit the site at a later date. Cookies can also be used to collect user information that enables the website operator or a third party to build a profile of the user, their preferences, and interests, in order to serve targeted, interest-based advertising.
Our website uses cookies — please refer to our Cookie Policy for more information.
Information Security – Storing Your Personal Data
All information you provide to us is stored on secure servers. While we will do our utmost to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we receive your information, we will use strict procedures and security features to try to prevent unauthorized access.
All reasonable and appropriate technical and organizational measures will be taken to protect against unauthorized or unlawful processing of personal data and against accidental loss, destruction, or damage of personal data.
We will ensure that:
5.3.1 only authorized persons have access to, modify, disclose, or destroy personal data;
5.3.2 such persons act only within the scope of their authority; and
5.3.3 if personal data are accidentally lost, altered, or destroyed, they can be recovered to prevent harm or distress to affected individuals.
Where appropriate, we will conduct information risk assessments to ensure that data are protected to a reasonable and appropriate standard for the nature of the data stored.
How We May Use Your Data
We use the information we hold about you in the following ways:
6.1.1 To ensure that content from our site is presented in the most effective manner for you and your computer.
6.1.2 To provide you with information, products, or services that you request from us, or that we believe may be of legitimate interest to you, or when you have consented to be contacted for such purposes.
6.1.3 To fulfill our obligations arising from contracts entered into between you and us.
6.1.4 To allow you to participate in interactive features of our service when you choose to do so.
6.1.5 To notify you about changes to our service.
6.1.6 We may also use your data on behalf of selected third parties to provide you with information about goods and services that may be of legitimate interest to you, and we may contact you regarding them.
6.1.7 If you are an existing customer, we may legitimately contact you (by email, SMS, phone, or post) with information about goods and services similar to those related to the services previously provided to you.
6.1.8 If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have given your consent to do so.
Legitimate Interest
We may process your personal data on the basis of legitimate interest. We will only process your data in this way if we believe there is a genuine and mutual interest for both you and us.
We process personal information for certain legitimate business purposes, which may include some or all of the following:
7.2.1 When the processing enables us to improve, modify, personalize, or otherwise enhance our services/communications for the benefit of our customers;
7.2.2 To identify and prevent fraud;
7.2.3 To improve the security of our network and information systems;
7.2.4 To better understand how customers interact with our website;
7.2.5 To provide communications (by post, SMS, phone, or email) containing information, products, and/or services we believe will be of interest to you;
7.2.6 To determine the effectiveness of promotional campaigns and advertising.
7.3 Whenever we process your data for these purposes, we will ensure that your personal data rights are respected and taken into account. If you do not wish for us to process your data in this way or have a specific objection, please notify us by email with the subject line “Data Protection.” Please note that if you object, this may affect our ability to carry out the services and tasks listed in point 7.2 for your benefit.
Data Retention
Personal data processed for any purpose or purposes will not be kept for longer than is necessary for that purpose or those purposes. We will regularly review the personal data we hold and securely delete anything that is no longer needed.
Information that does not require regular access but still needs to be retained will be securely stored or archived.
If it is necessary to retain data for any of the reasons specified in Schedules 2 and 3 of the Data Protection Act (such as performing a public function or complying with employment law), we will keep the data for as long as that reason remains valid.
At the end of the retention period or the life of a particular record, it will be reviewed and deleted unless there is a specific reason to retain it.
Further information on how to access your data can be found in our Data Subject Access Request Policy.
Additional information related to data retention and deletion can be found in our Data Deletion and Destruction Policy.
Disclosure of Your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company, and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may also disclose your personal information to third parties:
In the event that we sell or purchase any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If DigitalSoft4U or substantially all of its assets are acquired by a third party, in which case the personal data held about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of DigitalSoft4U, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
You can exercise your right to prevent such processing at any time by contacting us via email with the subject line “Data Protection.”
EULA (End User License Agreement)
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution, or installation of this copy of the “MICROSOFT PRODUCTS” indicates your acceptance of this License.
SOFTWARE PRODUCT refers to the Software, image files, and all accompanying files, data, and materials received with your order of “MICROSOFT PRODUCTS.”
If you do not agree with any of the terms of this License, do not install, distribute, or use the SOFTWARE PRODUCT. If you purchased a copy from digitalsoft4u.com or from an authorized reseller, distributor, or any retail channel, you may return it unused within thirty (30) days of purchase for a refund of your payment minus any applicable fees. The 30-day warranty applies only to products purchased within the UNITED KINGDOM. Products downloaded or shipped outside YOUR COUNTRY are non-refundable.
The warranty covers software defects that prevent successful installation of the software on the buyer’s computer. The warranty does not cover fitness for purpose, unmet expectations, or requirements in the buyer’s mind.
This SOFTWARE PRODUCT is for personal use only and may be installed and used on one computer only. Its components may not be separated for use on more than one computer. The SOFTWARE PRODUCT may be accessed over a network only after obtaining a site license. All components accompanying the software are copyright-protected by digitalsoft4u.com, may not be disassembled, modified, used, or published with other software or means except with the SOFTWARE PRODUCT itself, and may not be distributed or copied in any way.
This SOFTWARE PRODUCT, all accompanying files, data, and materials are distributed “AS IS” and without any warranties, express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
The liability of digitalsoft4u.com shall be limited exclusively to a refund of the purchase price. Furthermore, under no circumstances shall digitalsoft4u.com or its principals, shareholders, employees, affiliates, contractors, subsidiaries, or parent organizations be liable for any incidental, consequential, punitive, or other damages associated with the use of the SOFTWARE PRODUCT.
In addition, under no circumstances does digitalsoft4u.com authorize you to use this SOFTWARE PRODUCT in applications or systems where the failure of the SOFTWARE PRODUCT could reasonably be expected to result in physical injury or loss of life. Any such use by you is entirely at your own risk, and you agree to indemnify and hold digitalsoft4u.com harmless from any claims or losses relating to such unauthorized use.
This Agreement represents the entire understanding between the parties concerning the subject matter and supersedes all prior arrangements, purchase orders, agreements, or understandings. This Agreement is governed by the laws of Bulgaria.
digitalsoft4u.com is the copyright owner of this SOFTWARE PRODUCT. All derivatives, titles, and accompanying materials are the exclusive property of digitalsoft4u.com. All rights of any kind not expressly granted in this License are entirely and exclusively reserved by digitalsoft4u.com.
You may not rent, lease, transfer, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on this SOFTWARE PRODUCT. You may not provide access to the SOFTWARE PRODUCT to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide compression, decompression, or file conversion services for others. There are no third-party beneficiaries to any promises, obligations, or representations made by digitalsoft4u.com herein.
You may not disclose to any third party any data or techniques related to this SOFTWARE PRODUCT that you know or should know are trade secrets of digitalsoft4u.com in any way that would cause harm to digitalsoft4u.com.
This SOFTWARE PRODUCT and all provided services may be used only for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law of Bulgaria, state, or city is strictly prohibited. This includes, but is not limited to, copyrighted material, material deemed threatening or obscene, or material protected by trade secrets or other laws. You agree to indemnify and hold digitalsoft4u.com harmless from any claims arising from your use of this SOFTWARE PRODUCT that may harm any other party.
COPYRIGHT
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by international copyright laws.
When you purchase or use Microsoft products, you agree to comply with Microsoft’s terms and conditions.
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