Membership Agreement
Membership Agreement
DIGOCLUB MEMBERSHIP AGREEMENT
After you sign up for Digoclub; you are deemed to have understood and agreed to the membership conditions set forth below and to all the matters stipulated in the documents CONDITIONS OF USE, PRIVACY POLICY, COOKIE POLICY, PAYMENT and REIMBURSEMENT PROCEDURES, ADVERTISING RULES in their entirety.
1. PARTIES AND SUBJECT OF THE AGREEMENT
1.1. This Membership Agreement covers all the persons who access any platform that provides services on behalf of Digoclub as a Visitor, Member, User, Seller or Buyer. Therefore, please read the conditions set forth below carefully. If you do not agree to these conditions, please do not visit and/or use the platforms that provide services on behalf of Digoclub.
1.2. The official representative of the name Digoclub is the company Digital Goods Club Pty. Ltd. (hereinafter referred to as the “Company”), residing at the address 9/20-22 Maroubra Road Maroubra NSW 2035 Sydney/Australia. The Services provided through all kinds of platforms on behalf of Digoclub are provided by the Company. The Company is entitled to make changes to the information, images, prices, product varieties, special offers, discounts and any kind of content that is and will be available on any platform used in the name of Digoclub, and to these Conditions of Use at any time, without further notice.
1.3. Digoclub may make changes to the conditions stipulated in this Membership Agreement at any time without warning or notice. These changes will take effect for everyone who visits or uses the relevant platforms following the date on which they are published on the website, the mobile application or any platform that provides services on behalf of Digoclub. No user may unilaterally request a change in, update on or removal of the requirements of this Membership Agreement. Digoclub will take into consideration the requests for change when communicated via e-mail, mail or cargo in written and signed form. However, Digoclub will not share its consent on this matter with anyone or delegate authority. Digoclub is also not obligated to reply to the requests received.
2. DEFINITIONS
WEBSITE: A website comprised of the domain name www.digoclub.com.au and subdomain names affiliated with this domain name, all rights of which are owned by the Company.
MOBILE APPLICATION: The Digoclub software, all rights of which are owned by the Company, and which runs on smartphones, tablets and similar mobile devices. This software can be obtained from online stores such the Apple App Store or Google Play. The software available on these stores, named Digoclub, registered in the name of the Company, meets the necessary security requirements. The Company assumes no responsibility for any error, including security-related errors, arising from the installation of software that was obtained through other means.
DIGOCLUB: The Website and the Mobile Application are both referred to as “Digoclub”.
SERVICES: Refers to all of the Services provided by Digoclub to allow the Sellers and Buyers to carry out the transactions contemplated in the Conditions of Use and the Membership Agreement through Digoclub. In this regard, the services provided through Digoclub, mainly being intermediary services, include the following:
Listing and carrying out the sales of the products of 3rd party companies who have a Dealership agreement with Digoclub,
Ensuring that the contents uploaded by the Sellers on the Database can be displayed, listed and searched for by all Users, including Visitors and Members, through Digoclub,
Intermediary services between the Seller and the Buyer, in regards to the sale of the product owned by the Seller to the Buyer,
Featuring services such as showcasing and boosting so that the Seller’s ad can be viewed by a higher number of people,
Establishing communication between the Seller and the Buyer and being included in this communication through live phone support or other means upon request.
The Company may change the definition of the Services at any time without notice and make the Services unavailable for third parties.
SERVICE FEE: The fee that was agreed to in advance with this agreement, which is to be paid by the Seller to Digoclub. Digoclub collects this fee by taking a commission fee from the Product sales transactions between the Buyer and the Seller. The Service Fee is as specified in the www.digoclub.com.au website and the Digoclub mobile application. Digoclub may change the Service Fee unilaterally at any time by announcing it on this agreement, on the website or on the mobile application. The change takes effect as of the date of its announcement.
VISITOR: Refers to each natural and legal person who accesses Digoclub. The definition of Visitor includes the definitions of Member, User, Seller and Buyer.
MEMBER: Refers to the natural or legal persons who; create their own content with the products and/or services listed on the approved user account that they created, put the Product up for sale, become members of Digoclub under the terms and conditions set forth in the Membership Agreement, and benefit from the other services provided by Digoclub. The requirements for membership are detailed in the Membership Agreement. The type of Digoclub membership may be either individual or corporate.
SELLER: Refers to a natural or legal person who becomes an individual or corporate member of Digoclub and sells their own Product to the Buyer. It is mandatory to become a Digoclub member to become a seller. Pursuant to this agreement, the USER agrees that they are over 18 years old and of legal age according to the relevant laws of Australia. The necessary requirements for membership are detailed in this agreement.
BUYER: Refers to a natural or legal person who becomes an individual or corporate member of Digoclub and purchases the products of Digoclub or the Seller. It is mandatory to become a Digoclub member to become a buyer. Pursuant to this agreement, the USER agrees that they are over 18 years old and of legal age according to the relevant laws of Australia. The necessary requirements for membership are detailed in this agreement.
USER: Refers to each natural and legal person who sells, purchases the Products put up for sale through Digoclub or takes advantage of the services provided. The Users may hereinafter be referred to as “Visitor”, “Member”, “Buyer” or “Seller” as well. The Company may request additional documentation to verify this, including a copy of the passport.
PAYMENT SERVICE PROVIDER: Payment service providers such as banks, electronic money organizations and payment organizations with whom the Company is in a legal contractual relationship. The Company may change its Payment and Service Providers at any time without notice.
PRODUCT: Refers to the products and services that were provided through Digoclub, by 3rd parties with whom Digoclub has a dealership agreement, and that are put up for sale by the Sellers, in accordance with the List of Prohibited Products included in the Advertising Rules, the Conditions of Use, the Membership Agreement and other annexes. These products are not physical in nature. They are essentially E-PIN / Electronic Pins, consisting of an instantly consumed numerical code and in-game currency. The Product may hereinafter also be referred to as E-PIN.
CONTENT: Any kind of information, writing, file, picture, video and similar visual, written and aural objects including but not limited to the information related to the Products uploaded by the Company or by the Users, which can be accessed through Digoclub. The Content may hereinafter also be referred to as the “Product”.
DATABASE: All of the data in which the Contents are stored, sorted, queried and accessed, which are owned by the Company and processed under Australian law.
3. GENERAL PROVISIONS
3.1. This Membership Agreement is valid between the Company who owns Digoclub and the Member who wishes to take advantage of the Services and it defines the terms and conditions for membership.
3.2. By agreeing to this Membership Agreement, Members who are Natural persons agree that they are legally qualified to enter into an agreement pursuant to Australian law and Legal persons agree that the Membership Agreement was approved by the relevant authorities and is binding for the legal person. There are two types of membership at Digoclub: individual and corporate.
3.3. By agreeing to the Membership Agreement, the Member agrees, represents and guarantees in advance that they are authorized to use the Services provided on the Website and the Mobile Application, to access Digoclub and that they assume all responsibility in their selection and use of the Services and in accessing Digoclub.
3.4. The approval of the members is at the sole discretion of the Company. The membership application will be evaluated by the Company and the Company is entitled to refuse the membership requests without providing a cause. Even after the membership procedures are concluded the Company will be entitled to suspend or cancel the membership on a temporary or permanent basis or cease the provision of the Services without providing a cause.
3.5. Membership process is completed after the Visitors fill out the membership form required to become a member on the Website on the relevant section of Digoclub and the Company approves this membership procedure. The Members agree, represent and guarantee in advance that, if they fail to enter their payment and account information such as bank details into the relevant sections of the Website or the Mobile Application, they will not be able to collect from the Buyers.
3.6. For your membership application to be approved by the Company, the Company may request additional information and documents including but not limited to a copy of your passport, driver’s license, passport, account and IBAN information confirmed by your bank, residence information, an account abstract signed and stamped by the bank, tax certificate, and the list of authorized signatories. The bank details must be in the Members’ name. The Company may reject the membership requests of natural and legal persons who fail to fulfill the Company’s such request without providing a cause.
3.7. Cargo costs that will arise due to the Company for any document to be sent by the Member will be covered by the Member themselves.
3.8. Digoclub and in this regard the Company are “Intermediary Service Providers” who act as intermediaries in the execution of the distance contract for the sub-service. The Sellers are responsible for the content, price, copyright and all the other requirements under the relevant laws for the ads they post on Digoclub for the purpose of selling their products to the Buyer. Digoclub has no responsibility with regards to the products of its sellers. Digoclub may suspend the products of the Seller for a certain period or remove it indefinitely. Digoclub is under no obligation to notify the Seller.
3.9. Within the scope of the sub-service specified in sub-paragraph a of the definition of SERVICES, Digoclub is the “Intermediary Service Provider” who acts as an intermediary to the sale of the products owned by 3rd parties within the scope of a dealership agreement signed between Digoclub and 3rd parties. Digoclub does not carry out the sales from its own inventory. None of the products sold at Digoclub are owned by the Company.
3.10. Digoclub ensures that the prices paid by the Buyers are transferred to the relevant Seller pursuant to an approval to be given following the listing of the Products that are put up for sale by the Members through Digoclub, and the payment of the price of the Products by the Buyers. In this regard, the Sellers agree and undertake that the Company is authorized to collect the price of the Products that are put up for sale in the name of the Seller. By making a payment through Digoclub, the Buyers fulfill their obligation of payment under their contractual relationship with the Sellers. In this regard, the Seller agrees and undertakes in advance that the Company is authorized to transfer the payments to be made by the Buyer to the Seller’s account and that they will be obligated to pay a service fee in exchange for the Services. Digoclub charges a % Service Fee based on the product price from individual and corporate members. This fee may vary for individual and corporate members. This rate may be subject to a change by Digoclub through the website and the mobile application. This change is deemed to have been agreed to by the Users at the time of its announcement. Digoclub has the sole authority to determine the service fee that is expressed in %.
3.11. The Members agree in advance that the Service Fee rates determined to collect from the Buyers and declared on the website or on the mobile application will apply.
3.12. The Members, Sellers, Buyers, Visitors or Users agree, represent and undertake in advance that, the Company is not obligated to check any information entered by them in the relevant sections of Digoclub and that it provides no warranties as to the accuracy of the information provided to it.
3.13. Digoclub is entitled at any time to transform the information kept on the Database into statistical information, use them in the field of advertising and/or marketing, determine the general trends of the Users to provide richer content to the Users.
3.14. Digoclub can use the Product information, images and explanations and/or the comments and suggestions made about the Product and all kinds of Content in any manner. Aside from these purposes, by agreeing to this contract, the Member’s personal information such as identification, photo, mobile phone number etc. will not be shared by Digoclub with 3rd party persons or organizations.
3.15. The Company reserves its right to limit the Member’s purchasing quantities.
3.16. The Company makes an effort to keep the Product’s images as close to the original as possible, however gives no warranties as to the accuracy of the Product’s visual appearance in any way.
3.17. The Company gives no warranties, whether express or implied, to any Member under the Services, including for uninterrupted continuity, continuous updates, sales warranty, faultlessness. The Company may temporarily suspend or continuously cease the services whenever required. The Company has no responsibility against the Members due to the temporary suspension or altogether cessation of the Services.
3.18. The Company is entitled to apply special offers and promotions on the Service Fee that is applied to the Members. The duration of these special offers or promotions are also determined by the Company and may be terminated before the end of the specified term.
3.19. The Company does not represent the Buyers and/or the Sellers in any way, except for the payments to be collected from the Buyers on behalf of the Sellers. In case of a dispute or similar situation between the Seller and the Buyer, the Company is not obligated in any way, including for establishing the communication between the Seller and the Buyer, and in case of any dispute between the Seller and the Buyer, the Company may not be listed as a party to said dispute.
3.20. No technical support is provided through the live support hotline for any subject aside from sales. For other subjects aside from sales, the Support Request menu on the Member’s profile page must be used.
3.21. No reimbursements are made for the League of Legends Unranked accounts purchased. Only 1 new compensation account is delivered for the 1-week warranty period.
3.22. If a member has carried out a peer to peer shopping transaction on the site, they are required to keep the personal information on the system for 5 years. The reason for retaining this information is to ensure that the information is delivered to the relevant authorities in a possible judicial process.
3.23. It is forbidden to carry out transactions on the Digoclub website by bartering. The Digoclub account of a buyer or seller who offers and carries out such a barter transaction may be closed without warning. Digoclub will not provide support to the persons who will resort to such prohibited transaction.
3.24. By registering for the Digoclub website and mobile application, the Member agrees that the sales and purchase messages are transmitted to your phone by DIGOCLUB in the form of an SMS and an e-mail is sent by DIGOCLUB with regards to the sales transactions carried out via mail.
3.25. The accounts of the persons who send messages that contain profanities & insults & abuse towards the DIGICLUB management, employees and members via channels including but not limited to the Support system and live support.
3.26. DIGOCLUB may reach out to the buyer and the seller through WhatsApp or with a phone call in order to prevent the issues that may arise in peer to peer trading transactions, ensure that the members are not aggrieved in any way and to resolve any issues.
3.27. The memberships of the users who request payment outside of the site and insist on it against the buyer & the seller will be terminated.
3.28. If the seller did not include enough information on the ad description, the buyer will be found in the right in case of any claims to arise therefrom, the transaction will be cancelled and the relevant fee will be returned to the buyer.
3.29. If a member who was previously suspended from the site registers on the site with a new account, the new account will also be suspended from the site.
3.30. If the seller markets the same account information to more than one buyer, their account will be closed.
3.31. The fund coupons sent among the Members are only valid for in-site spending. No withdrawal request can be created in any way.
3.32. It is mandatory to start a video recording when purchasing a digital code, when a complaint ticket is created in connection with an order, video recordings before, during and after the purchase of the product will be requested.
4. THE MEMBERS’S RIGHTS AND OBLIGATIONS
4.1. The Member agrees and undertakes to benefit from the Services in accordance with the rules published on Digoclub. In case of any change, the Members may not claim vested and/or antecedent rights. Any changes on this agreement are first announced on the website www.digoclub.com.au and take effect as soon as they are published.
4.2. The legal and criminal liability for any transaction carried out on Digoclob belongs to the Member themselves. In this regard, the Member agrees and represents that they will comply with all the applicable laws, regulations and directives in all of its transactions and all the liability related thereto will belong to the Member themselves.
4.3. The Member may not claim to have no knowledge or potential knowledge of the liabilities imposed by the applicable legislation.
4.4. The Seller is responsible for delivering the Product purchased by the Buyer to the Buyer in any case. No claims of liability may be made against the Company due to the Seller’s unlawful transactions. If the Buyer reports this situation, the Company will be entitled to suspend or delete the relevant Seller’s account. In case of any dispute between the Buyer and the Seller, the Company will not act as an intermediary or an arbiter.
4.5. All the Members agree and represent that the information defined on Digoclub (name, surname, telephone, address, e-mail, bank account details, tax certificate) is accurate and theirs. If the Company determines a discrepancy or is of the opinion that there is a discrepancy in such information, it may deny access to the Member’s account for a certain period or delete the account indefinitely.
4.6. The Company may temporarily or permanently suspend the Member’s membership without providing a cause or warning, subject it to certain restrictions to be determined or unilaterally terminate this Membership Agreement. If the membership is terminated or suspended, and if the Member has outstanding receivables from the Company, the Company may withhold this amount by offsetting it against possible damages.
4.7. In case of a violation of the Membership Agreement, the Conditions of Use and its annexes, the Company reserves the right to claim pecuniary and non-pecuniary damages. If Digoclub goes offline/is taken out of service for whatever reason, the Membership Agreement, the Conditions of Use and its annexes will be deemed to have been suspended for this period. The Members may not make any claims for damages for any sales transactions that become suspended during this period.
4.8. This agreement is automatically terminated if all of the Services within Digoclub are concluded. However, if the Company starts providing extra services in addition to the methods set forth in the Services, this agreement will also be valid for the new services.
4.9. When deemed necessary, the Company may report or submit complaints about the Member to the legal authorities and the relevant supervisory and regulatory organizations to initiate the necessary legal proceedings against the Member without any prior warning to the Member (especially in case of, including but not limited to, the sales of stolen, non-genuine, counterfeit and/or fake products). If the Member incurs damages as a result of the Company’s complaint, the Member agrees and undertakes not to hold the Company liable or claim damages from the Company in any condition.
4.10. The Company is not obligated to issue invoices through Digoclub due to the transactions that involve financial gain between the Buyer and the Seller. The Member is obligated to issue a GST invoice in relation to the sales carried out and submit it to the Buyer. The Company may not be held responsible in any way due to the transactions that involve financial gain between the Members. In case any irregularities are detected in the purchase and sales transactions, the Member accounts may be suspended for an indefinite period or deleted completely. If the relevant government agencies in Australia duly request any information and documents pertaining to the transfer of funds between the Members, the Company promptly delivers such information and documents without notifying the Member. The Company may not be held responsible for the legal procedures between government agencies and the Member.
4.11. The Member may terminate this agreement with a written and signed petition to be sent 15 days in advance. When the Company approves such termination request, an E-mail or SMS notification is sent to the Member.
4.12. The Member may only sell a product that is listed on Digoclub to a Buyer they have found on Digoclub, through Digoclub. If the Seller sells the product to the Buyer through other means and causes a potential loss of revenue for the Company, the Seller agrees in advance that this will constitute grounds for termination. When a Member that causes this is detected, their membership is cancelled indefinitely without cause. They are prevented from becoming a member again.
5. MEMBERSHIP PROFILES
5.1. By agreeing to this contract, the Member agrees that the Company is entitled to access the Member’s profile on Digoclub at any time without notice.
5.2. The Member is obligated to create a profile page of their own to put the Products up for sale. When creating this profile page, the Member will enter the information requested from them (name, surname, telephone, passport, driver’s license, address, e-mail, bank account details, tax certificate etc.) in the relevant fields. Some of the information given by the Members are requested to be used in the Services and may not appear on the profile page. The Company is entitled to change any section of the profile page at any time without further notice.
5.3. The Member agrees, represents and undertakes that the information on the profile page is theirs. The Company may not be held liable for any damages arising from providing incomplete information.
5.4. Member profiles cannot be created in the name of others, used by other parties or transferred to others after being created. The account transactions between the Members that are carried out outside of the Company’s knowledge are not legally binding on the Company. The Members agree that, the Company will be entitled to unilaterally terminate the Membership Agreement and terminate the Member’s membership without warning in case of such behavior by the Member.
5.5. A Member who acts in violation of the Membership Agreement or the User Agreement and its annexes may be banned from becoming a member of Digoclub again for an indefinite period. For this procedure, verification may be carried out based on the member’s passport and account number. If a ban is detected, the application to become a member again is rejected without further notice.
5.6. The Member is obligated to protect the username and password information given to them. The Member may not disclose such information to third parties or make them available to third parties. The Member undertakes to immediately notify Digoclub if they realize that this information is being used without authorization. The Company is entitled to deny access to Digoclub and/or terminate the membership of the Member in order to prevent unauthorized use.
5.7. The Members agrees, represents and undertakes in advance that, the Product photos and profile photos published on their profiles are theirs, that they reflect the truth and that they are in accordance with public decency rules. In case of a violation of this clause, the Company will cancel the relevant Member’s membership without further warning.
5.8. The Company is entitled to invalidate unused profiles. Profiles with no user activity for 6 months and more may be moved to Passive status. Additional actions to make these profiles Active again may be requested from the Member.
5.9. No Member may engage in any activities of manipulation or targeting regarding any other member’s profile on Digoclub. The Company is not and will not be a party to any claim for pecuniary and non-pecuniary damages that will arise between the Members for such reasons.
5.10. The Member may display the historical user movements (log) regarding the transactions on a profile to the extent of the data provided by the Company on the profile page. The Member understands and unconditionally agrees that they do not keep any records other than the logs provided to them by the Company, and that they are not entitled to ask for additional records from the Company other than the ones shown to them, and that Digoclub has no technical infrastructure suitable for this purpose.
5.11. The Member agrees that, when the agreement is terminated for whatever reason, the profile information will be removed from the Digoclub database and that the Company will have no obligation to prove to them that this procedure was completed.
5.12. The specific User who is the owner of a profile is confirmed via the passport, the e-mail address or the phone number. Therefore, a second profile cannot be created with the same passport, e-mail address or phone number.
6. RULES REGARDING PRODUCT SALES
6.1. The Members may conduct sales by posting ads on Digoclub in accordance with the Advertising Rules.
6.2. The Member agrees, represents and undertakes that they will not enter any Content on Digoclub that is in violation of any legislation including but not limited to the regulations on consumer protection, intellectual property and advertising, and that the Content will not contain statements or images such as pictures and video that are in violation of these regulations.
6.3. The Member agrees, represents and undertakes that, the Contents will not contain any unlawful actions such as defamation, libel, threat or harrassment towards other Users, companies, natural or legal persons and Digoclub’s competition, and not to engage in any attempts or actions that will disrupt the Digoclub infrastructure or use texts and images with pornographic content.
6.4. The Seller agrees that all the legal responsibility for the products and services that they put up for sale belongs to them, and that the Company is not in any direct or indirect relationship with them in any capacity related to sales.
6.5. On Digoclub, the products sold by Digoclub itself are presented to the Users without inventory and in real time, subject to a dealership agreement. There is no inventory of products at Digoclub that is managed by the Company itself. Digoclub is not engaged in the sales of physical products. All of the Products are essentially E-PINS, consisting of an instantly consumed numerical code or similar digital content.
6.6. Digoclub is not responsible for physical and non-physical products to be supplied by the Sellers. Digoclub gives no warranties or after-sales support for these products. Digoclub also has no responsibility regarding the products to be sent by cargo by the Seller. Digoclub cannot be made a party to the commercial relationship established between the Seller and the Buyer.
6.7. The Company may temporarily or permanently stop broadcasting the relevant Contents without further warning to the Member if the Contents posted on Digoclub are unlawful, violate the personal and commercial rights or others or are subject to warnings made in this regard, or are in breach, whether directly or indirectly, of the Conditions of Use, the Membership Agreement and its annexes and the other rules and conditions. In such a case, if a payment was made to the Company to publish the Product content, this payment will not be refunded in any condition. In this regard, the Member agrees, represents and undertakes in advance that they will not be entitled to make a claim to the Company for the reimbursement of any amount paid.
6.8. Digoclub is under no obligation to regulate, establish or create in various ways the relationship between the Buyer and the Seller or to act as an arbiter. The Buyer and the Seller are personally responsible for the relationship between them in terms of the objections to be raised during and after the sales, and they agree in advance that Digoclub is not in any way responsible on this matter.
6.9. The Members are obligated not to inflict any pecuniary and non-pecuniary damages on the Company and Digoclub in any case, and not to harm the reputation of the Company and Digoclub. The Sellers agree in advance that they are obligated to conduct their relationship with the Buyers within the framework of mutual respect and that they are not allowed to use insulting, humiliating or offensive expressions. The membership of Sellers who are made subjects of complaints by the Buyer on account of such behavior and correspondences may be suspended for an indefinite period or canceled.
6.10. A Seller who acted in violation of this agreement and other agreements and annexes of Digoclub and whose membership was canceled or suspended indefinitely, unconditionally agrees in advance that they will not be able to collect the earnings arising from the sales of the products, which accumulated as balance in their own account, for an indefinite period or at all.
6.11. Even in case of a dispute between the Buyer and the Seller, the Company is not obligated to pay or refund the Service Fee collected to the Buyer or the Seller.
6.12. If the League of Legends Unranked accounts purchased from Digoclub are banned from the game, Digoclub delivers, as compensation, a new account for a period of 1 month, which is the warranty period. There is no obligation to refund the amount paid.
6.13. The funds of persons who conduct the sales of the product called “Nitro” from the Discord category may be blocked for up to 15 days. The Company may request from the seller the documents pertaining to the purchasing details of this product (invoice, receipt etc.). If the Seller fails to deliver such documents, their account may be closed.
7. ADDING FUNDS TO DIGOCLUB AND FUND TRANSFER
7.1. All the transactions on Digoclub are based on Australian Dollars.
7.2. The Members may add funds to their accounts through the services provided by the banks and other companies that provide means of payment, with whom Digoclub has a contract. The commission fees to be requested from the Member by the banks and other companies that provide means of payment, while adding funds will be determined by these companies only. Digoclub carries no responsibility in this regard.
7.3. As a result of adding funds on Digoclub, credits/units are reflected on the Member’s account. 1 credit/unit equals 1 AUD. On Digoclub, the funds are shown in the form of credits/units.
7.4. According to the explanations you will provide while adding funds, the relevant number of credits/units will be added to your account against money. On Digoclub, funds cannot be added with a credit card without using the 3D Secure transaction. Digoclub carries no responsibility to check that the means of payment used by the Member while adding funds including but not limited to credit card, debit card and others belong to the Member themselves and that they match the information provided on the Member’s profile page.
7.5. The Member is obligated to retain the documents given to them after adding funds including but not limited to a receipt, ATM slip and others. In case of a dispute, documents provided by the bank and other companies that provide means of payment, that carry wet signatures and stamps, will be accepted. The Company may request that these documents are sent to them by cargo. Cargo expenses belong to the sender.
7.6. The Member agrees and represents in advance that, they added the funds to their profile of their own volition, that the funds added are kept on the bank accounts owned by the Company or on the money processing areas provided to the Company by payment service providers with whom the Company has a contract with their own consent, and that they will only these funds for shopping on Digoclub and that the funds added by them will not be refunded.
7.7. Digoclub is obligated to send the amount earned by the Seller in exchange for the product purchased by the Buyer, by making the relevant deductions including but not limited to the service fee, bank transfer fees and any other additional fees, to the Seller’s bank account that is registered to their own name. No money transfers to bank accounts registered in other people’s names will be made. Digoclub is not obligated to verify that the bank account is correct and confirm that it is owned by the Member themselves. Any expenses that may arise during the transfer of funds, related to banks or other means of payment, will be reflected directly on the Member’s account. After these are deducted from the Member’s balance and after deducting the Service Fee, the remaining amount is transferred.
7.8. The funds added to the Member’s account by themselves and the funds earned through the sales transaction are categorized separately. The Member may not request that the funds added by themselves in their own name is refunded.
7.9. The Member may only carry out shopping transactions if there are sufficient funds in their account. If there are insufficient funds in the Member’s account, the Member must first add funds to their own account.
7.10. In order to prevent money laundering, no money transfer between Members will be allowed on Digoclub. However, the Members may transfer credits/units among themselves, subject to the methods and limits to be determined by Digoclub. Credit/unit transfers are carried out among the Members, and no liability claims may be made to Digoclub on account of any issues that may arise. No claims may be made for the funds transferred to be refunded to their own account by the owner of the bank account to which the funds were transferred.
7.11. If the amount of funds transferred among the Members or the amount of funds requested to be transferred to the Member’s own bank account is high, the Company may block this transaction for a temporary period and request an explanation from the Member or the Members regarding this transaction. Where necessary, a written petition may also be requested.
7.12. The Company is entitled to set certain limits and prices, including the upper and lower limits of funds that can be carried on the profile, the amount of funds added to the profile, and any kind of transaction that involves the transfer of funds to the account during and after sales. These limits and prices will be announced on the web address www.digoclub.com.au or on the Digoclub mobile application. The Member agrees and represents in advance that any notice, including any change on this subject, will take effect on the date of publication.
7.13. The Member agrees and represents in advance that any kind of fund transfer on their own profile or money transfers made to them by Digoclub are recorded and kept by the Company.
7.14 At Digoclub, the service fee, bank transfer fees and any other additional fees are deducted from the income generated from the sales transaction. The remaining amount after making these deductions from the sales amount is added to the Seller’s account as funds.
7.15. At Digoclub, cash withdrawal requests may only be made for funds generated from the sales transaction and transferred to the Seller’s account. Therefore, there may be a difference in the Member’s account between the funds available for withdrawal and the funds available for use.
7.16. Even if the funds transferred between the users were acquired as a result of a previous sales transaction, they may never be withdrawn by the end user who received the transfer. These funds may only be used for purchasing products on Digoclub or in exchange for other services.
7.17. The Users may not create a cash withdrawal request with fractional amounts.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Contents accessed on Digoclub and the information provided by the Users, Digoclub’s all elements including but not limited to its Database, Interface, design, text, codes belong to the company and/or were acquired by the Company from a third party as part of a legally valid license. Unless expressly authorized by the Company under these Conditions of Use, none of the Contents of the Company including but not limited to the Digoclub Database, Interface etc. may be shared or copied.
8.2. Digoclub has no responsibility regarding any Content uploaded by the Member. The Member is responsible for the legal processes that may arise in case of the unauthorized sharing of these contents. Digoclub reserves the right to delete any kind of content which it deems unlawful without further notice.
8.3. The Member agrees and undertakes not to reproduce, copy, disseminate or process any Content, including electronic texts, visual and aural images, video clips, files, databases, catalogues and lists on Digoclub.
8.4. The Member agrees and undertakes not to engage in any acts in Digoclub that will harm the personal and commercial reputation of the Company and the third parties or violate their personal rights.
8.5. All the Content accessed and/or viewed through Digoclub is owned by the Company. Unless a written application is sent to Digoclub or Digoclub’s written approval is obtained, such Contents may not be reproduced, copied or shared with 3rd parties.
8.6. The Member may not make any attempts to access the Database on which the Content which is accessed and/or viewed through Digoclub is stored.
8.7. It is prohibited for the Member to retrieve data through api, script or other software to acquire the Content which is accessed and/or viewed through Digoclub.
8.8. The names, logos owned by Digoclub or the Content that represents Digoclub may not be used in any environment without obtaining the Company’s written approval. Digoclub announces its business partners on its own website www.digoclub.com.au Aside from the ones listed here, no natural or legal person is entitled to use any of the content that represents the Digoclub name.
9. VALIDITY AND CHANGES
9.1. This Agreement will stay in force as long as the Member’s membership status remains unchanged and will continue to have the relevant legal consequences between the parties. It will be terminated if the Member’s membership is suspended temporarily or permanently. The Conditions of Use and all of the other agreements and annexes are appendices to and an integral part of this Membership Agreement. The Membership Agreement, the Conditions of Use and its annexes may be amended by Digoclub. Each time the Members log into Digoclub, they will agree to the updated agreement clauses and the entirety of the new version of the agreement. These changes are announced on the website www.digoclub.com.au and on the Digoclub mobile application, take effect and are deemed to have been accepted by the Members as soon as they are published.
10. ENTRY INTO FORCE
10.1. In case of any disputes between the Company and the Member, the governing law will be the Australian State Law and the Australian authorities will have competent jurisdiction to settle the disputes.
10.2. This Membership Agreement was mutually agreed and entered into force with the electronic approval of the Member.
10.3. The Company reserves the right to update, revise and publish the new version of any of the provisions, whether in part or as a whole, in this Membership Agreement or its annexes, at any time. In this regard, all of the published texts will take effect for the Members following the date of publication. The Member making excuses by declaring no knowledge of the new changes will be unacceptable.
