Terms and Conditions

Welcome to our online store! “the Digi-Scrapper” and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. These terms and conditions will be repeated before you purchase and commence the course, and will have to be accepted in totality, unconditionally and with no additional  correspondence being entered into.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

 ELECTRONIC COMMUNICATIONS

When you visit “the Digi-Scrapper” or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of “the Digi-Scrapper” or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of “the Digi-Scrapper”, with copyright authorship for this collection by “the Digi-Scrapper”, and protected by international copyright laws.

 TRADE MARKS

“the Digi-Scrapper”s trademarks and trade dress may not be used in connection with any product or service that is not “the Digi-Scrapper”s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “the Digi-Scrapper”. All other trademarks not owned by “the Digi-Scrapper” or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “the Digi-Scrapper” or its subsidiaries.

 LICENSE AND SITE ACCESS

“the Digi-Scrapper” grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of “the Digi-Scrapper”. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of “the Digi-Scrapper”. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of “the Digi-Scrapper” and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing “the Digi-Scrapper”s name or trademarks without the express written consent of “the Digi-Scrapper”. Any unauthorized use terminates the permission or license granted by “the Digi-Scrapper”. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of “the Digi-Scrapper” so long as the link does not portray “the Digi-Scrapper”, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any “the Digi-Scrapper” logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. “the Digi-Scrapper” and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. “the Digi-Scrapper” reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant “the Digi-Scrapper” and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant “the Digi-Scrapper” and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify “the Digi-Scrapper” or its associates for all claims resulting from content you supply. “the Digi-Scrapper” has the right but not the obligation to monitor and edit or remove any activity or content. “the Digi-Scrapper” takes no responsibility and assumes no liability for any content posted by you or any third party.

 RISK OF LOSS

All items purchased from “the Digi-Scrapper” are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

COURSE ENROLMENT

I give consent to “the Digi-Scrapper” to make any enquiries necessary to verify the information disclosed in this application.

By accepting these terms I agree to pay the Course fees (plus GST if applicable) for the Course using the payment method I have selected under this Course Enrolment Agreement.

I accept that I am required to pay the full amount of the Course fees even if I do not complete my Course or fail to advise “the Digi-Scrapper” of withdrawal from my Course during the orientation period.

In the event that I do not complete the Course within the given timeframe, my Course will be immediately suspended and access to my Course denied.

The duration of my Course is stated in the “the Digi-Scrapper” Course Description and/or advised at time of enrolment.

Upon receipt of the Course Fee as determined in my Course enrolment agreement, “the Digi-Scrapper” agrees to:

  • provide a tax invoice
  • provide login details to access my online Course Materials and assessments
  • mark and provide feedback on my submitted assessment tasks
  • provide trainer support throughout my enrolment; and
  • issue a Certificate or Statement of Attainment/s upon satisfactory completion of my course (if applicable).

I acknowledge the following, in relation to course enrolment:

Course enrolment is complete when the student has been issued a username and password for online course access.

And the student will agree on a date for online course access, this date will be known as the agreed course commencement date.

Course duration is effective from the agreed course commencement date.

Login access to available units will be active as at the agreed course commencement date.

A student will be deemed to have commenced their course at the time of login on or after the agreed commencement date.

The Course is non-transferable once the student has commenced.

 PAYMENT PLAN

I agree to honour the payment plan and understand that:

all instalments must be paid on or before the due date;

I must ensure that sufficient funds are available in my nominated account to meet the instalment payments;

“the Digi-Scrapper” reserves the right to suspend access to my online Course in the event that I fail to pay any part of the Course Fees as and when it falls due for payment;

in the event that I request or fail to advise my course cancellation, the balance of my course fees will be paid in full or continue to be paid under my payment plan schedule; and

“the Digi-Scrapper” will not issue a Certificate or Statement of Attainment/s until course fees are paid in full.

Should I default on the repayment schedule:

my enrolment will be suspended and my outstanding account will become immediately due and payable; or

as a cancelled student my outstanding account will become immediately due and payable

the outstanding debt will be forwarded to a debt collection agency, and

I may also be required to pay additional fees associated with the debt collection process.

 COURSE MATERIALS

I acknowledge that:

Course Materials are supplied in an online environment, unless otherwise stated in the “the Digi-Scrapper” Course Description, and once enrolment has ended, access is denied. Therefore it becomes the student’s responsibility to save and/or copy content as required for reference purposes.

The content of the online Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of “the Digi-Scrapper”. You may not reproduce any part of the online Course Materials without the prior written consent of “the Digi-Scrapper”.

 COURSE EXTENTION POLICY

“the Digi-Scrapper” will not be obliged under any circumstances to extend the period of a student’s enrolment if the student has not completed the program/Course in the allocated time.

Once the allocated time for a given program/course has ended the student will no longer be provided with access to the course material, course assessment and unlimited trainer support.

 CANCELLATION OF COURSE OF PROGRAM BY “the Digi-Scrapper”

Should “the Digi-Scrapper” cancel a course for any reason, students enrolled at the time “the Digi-Scrapper” announces the cancellation will be entitled to a full refund, and this will incur no administrative charges or penalties.

WITHDRAWAL PRIOR TO COURSE OR MODULE COMMENCEMENT

If a candidate withdraws from a course before the commencement of the course, full refund of the fees will be made, however a cancellation fee of $20 will be withheld to cover administration costs.

WITHDRAWAL DURING COURSE OR PROGRAM

Cancellations (other than eligible cancellations during the orientation period) for students that have commenced their course will not be entitled to a refund. Statement of Attainment/s will be issued for any units that have been satisfactorily completed.

CONFIDENTIALITY AND PRIVACY

We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

We will only disclose information that we have about you:

to the extent specifically required by law; or

for the purposes of this agreement (including disclosing information in connection with any query or claim).

information provided by you is considered confidential and will not be divulged to any third party, nor will it be sold.

 ACCEPTANCE OF COURSE ENROLEMENT AGREEMENT

By accepting the terms of this Course Enrolment Agreement:

you are warranting that you are 18 years of age or over; or

if you are under 18 years of age, you must ensure your parent or guardian accepts the conditions of this Course Enrolment Agreement. By such execution, your parent or guardian acknowledges and accepts the terms and conditions herein, including guaranteeing the principal liability to make payment of the course fee; and

MISCELLANEOUS

Termination.

These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule or purchase agreement; all other provisions may be changed by “the Digi-Scrapper” immediately upon notice. All current subscribers to the Online Course will be notified by of any such changes by e-mail. Continued use of the Online Course following any change constitutes acceptance of the change.

You may not assign your rights to access and use the Online Course without the prior written consent of “the Digi-Scrapper”.

Complete Agreement.

These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Online Course between you and “the Digi-Scrapper”. It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Online Course.

Waiver/Modification.

No waiver or modification of the terms of this Agreement shall be effective unless ratified in writing and signed by both you and “the Digi-Scrapper”. This Agreement will not be amended or modified by the terms of any purchase order or acknowledgement, regardless of whether ‘the Digi-Scrapper” may have accepted or signed the same. Any party’s failure to enforce the provisions of this Agreement shall not constitute or be construed as a waiver of any other provisions or rights.

Severability.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

PRODUCT DESCRIPTIONS

“the Digi-Scrapper” and its associates attempt to be as accurate as possible. However, “the Digi-Scrapper” does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by “the Digi-Scrapper” itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY “the Digi-Scrapper” ON AN “AS IS” AND “AS AVAILABLE” BASIS. “the Digi-Scrapper” MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, “the Digi-Scrapper” DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. “the Digi-Scrapper” DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM “the Digi-Scrapper” ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. “the Digi-Scrapper” WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 APPLICABLE LAW

By visiting “the Digi-Scrapper”, you agree that the all international laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and “the Digi-Scrapper” or its associates. The enrolled student hereby agrees to pay liquidated damages to “the Digi-Scrapper” in the amount of $5,000.00 for any non-personal and/or commercial use. In addition, should “the Digi-Scrapper” incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, the enrolled student agrees to reimburse “the Digi-Scrapper” for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties’ best interest to have determined the amount of such reasonable liquidated damages.

If you use any part of this product in an unauthorized personal manner (such as unauthorized sharing with individuals or groups), you will be liable for liquidated damages of $1,000 and all attorneys’’ costs and fees as described above.

DISPUTES

Any dispute relating in any way to your visit to “the Digi-Scrapper” or to products you purchase through “the Digi-Scrapper” shall be submitted to confidential arbitration in South Africa, except that, to the extent you have in any manner violated or threatened to violate “the Digi-Scrapper”s intellectual property rights, “the Digi-Scrapper” may seek injunctive or other appropriate relief in any state or federal court in South Africa, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to “the Digi-Scrapper”. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

LIMITATION OF LIABILITY

Under no circumstances shall “the Digi-Scrapper”. be responsible for any damages or loss that result from the use of or inability to use any of the products sold or distributed by Scrap Girls Inc. The information contained on this site is provided “as is” without warranty of any kind.

END USER DOWNLOAD AGREEMENT

This ‘the Digi-Scrapper” end user Agreement (the ““Agreement””) becomes a binding contract between you and ‘the Digi-Scrapper” when you download or enrol a ‘the Digi-Scrapper” product. ‘the Digi-Scrapper” total liability, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, is limited to the price of the particular product sold under these terms with respect to which losses or damages are claimed. In no event will ‘the Digi-Scrapper” be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental or consequential damages to the full extent such may be disclaimed by law. No action will be brought for any breach of these Terms more than one year after the accrual of such cause of action. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.

Because ‘the Digi-Scrapper” products are downloadable, they cannot be returned. (It is impossible to upload them again!) However, if you have any problems with our products, we will happily work with you to resolve any issues that you are having so that you will get the value you perceived when you placed your order. By purchasing ‘the Digi-Scrapper” products, you agree that you understand that unless a product delivery has been identified as being delivered in a different way, your delivery will be accomplished through downloads. Furthermore, you agree by purchasing ‘the Digi-Scrapper” products (not specifically identified as a non-downloadable product) to accept your delivery through these downloads. Under no circumstances will you be shipped ““paper or paper products”” in a box as ‘the Digi-Scrapper” does not deal with this type of product.

Note: Please do not ask for a refund simply because you failed to read the warnings that have been posted throughout the store, including in the agreement that you had to accept prior to purchasing our products, about the fact that our products are downloadable.

ABOUT REPLACING FILES LOST AS A RESULT OF COMPUTER OR HARD DRIVE FAILURE

Occasionally, customers lose the digital scrapbooking supplies they have purchased from ‘the Digi-Scrapper” because of computer/hard drive failure. (Note: Computers fail fairly regularly. We highly recommend that you back-up your files so you won’’t have to worry about getting replacements!)

Make sure that you read and understand our Commercial License Terms if you are purchasing these items, as you will be held accountable to them when you agree to our Terms which are part of the checkout process

 QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by HERE.

 

 

This publication is protected under the South African Copyright Act No 98 of 1978

© the Digi-Scrapper 2009

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