Terms of Service ("Terms")

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://app.digimindscrm.com website (the "Service") operated by Flourish Vitality Inc. o/a DigiMindsCRM ("us", "we", or "our") or any of our websites based on the digimindscrm.com domain.

DigiMindsCRM

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. You warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf. By accessing or using the Service and services offered by these sites, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This is not stored in our systems or databases but on Stripe servers You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to provide the information to third parties to facilitate the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information on the Service and in our advertising on other websites. We cannot, and do not, guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice. The content is provided without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either monthly or annual, depending on your subscription plan when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Comet Suite Pty Ltd cancels it. Cancellations must be in writing and must be received within 14 days of the next rebill date. Cancellations can be processed by contacting White Label Suite (Comet Suite Pty Ltd) customer support team at [email protected] A valid payment method, including credit card or PayPal, is required to process your subscription payment. You shall provide DigiMindsCRM with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize DigiMindsCRM to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, your access to the services and programs of the sites will be denied until such time as the subscription, license, or access fee is paid in full. You can contact support at [email protected] to arrange payment.

Free Trial

DigiMindsCRM may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by DigiMindsCRM until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, DigiMindsCRM reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

Fee Changes

DigiMindsCRM, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. DigiMindsCRM will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by DigiMindsCRM on a case-by-case basis and granted at the sole discretion of DigiMindsCRM. Refunds will be at the sole discretion of DigiMindsCRM or its agents. It may include recouping associated costs and fees for the system at the discretion of DigiMindsCRM. Due to the digital nature of the products sold, refunds are not normally granted.

Accounts

When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account on our Service. You are responsible for safeguarding your password to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You agree to be fully responsible for activities related to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes any person's copyright or other intellectual property infringement ("Infringement"). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Copyright Infringement Notice

In order to lodge a complaint with us, please contact us using the details above with the following information: ● Your name and address; ● Details of the alleged breach of copyright; and ● URL link to the alleged breach of copyright (if applicable). Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of DigiMindsCRM and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DigiMindsCRM. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Links To Other Web Sites

Our Service may contain links to third-party websites or services not owned or controlled by DigiMindsCRM. DigiMindsCRM has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. You further acknowledge and agree that DigiMindsCRM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. To cancel ongoing subscriptions, please do so at [email protected] All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We shall not be liable to you or any third party for any claims or damages arising from any termination or suspension or any other actions taken by us in connection in addition to that. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records. Upon termination of your account, any referred customers will have payment re-directed to the parent company (DigiMindsCRM), not the reseller. If any client has been brought on board directly (not through the payment system), as in - they have received free access through a reseller coupon or other method, that client account will be canceled in the event of the Agency Partner cancellation.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses, and other liabilities, including but not limited to legal fees and expenses relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party. You acknowledge that DigiMindsCRM and its agents are not liable for technology failures that may cause damage to you or your business. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends. As an authorized reseller of our software, you must abide by the following rules, not limited to but including: ● You must not at any time advertise the products or any of our software for ANYTHING less than recommended retail pricing. ● You must not promise performance other than those specifically created by DigiMindsCRM, or it's associated brands. ● You must immediately refund any monies paid to you by third parties for using the software applications or services if that third party has paid you directly and requests a refund. ● You must keep private any and all discount coupons or reduced pricing offers.

Limitation Of Liability

You agree that we shall not be liable for any damages from using the Service. In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantages). However, it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth), including, but not limited to, any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays, or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. DigiMindsCRM, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained in the Service for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. It is your sole responsibility to check these Terms for any changes periodically. If you do not agree with any of these terms changes, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us via our support desk listed below. [email protected]