TERMS
Definitions
In this Agreement, the following words and expressions shall have the following meanings: "Store" means any web-based service operated by "DailyCine" for marketing and retailing digital goods. "Customer" means you, the person purchasing "digital products" from DailyCine. "Author" means the person who has the intellectual property rights or rights to sell the "digital products" via the store or shop. Words denoting the singular shall include the plural and vice versa, and words denoting any gender shall include all genders. The headings of the paragraphs of this agreement are inserted for convenience of reference only and are not intended to be part of or affect the meaning or interpretation of this agreement.
Conditions Of Sale
Introduction: These Conditions of Sale govern the sale of "digital products" by DailyCine to the "Customer".
The Contract: When you purchase "Digital products" from "DailyCine" via any of our "Stores," you are accepting these terms and conditions of sale. The contract for the purchase of any "Digital products" will be between the "Customer" and "DailyCine" and will only be formed when "DailyCine" makes the "Digital products" available for download, and we have received payment in full for the "Digital products." Until we make the "Digital products" available for download and receive payment in full, there is no contract between the "Customer" and us for the "Digital products." "DailyCine" reserves the right, at our sole discretion, to reject any order we receive. By placing an order with "DailyCine," you agree you are:
legally capable of entering into binding contracts
are at least 18 years old or are aged 16–18 and have read these terms of sale together with your parent and/or guardian, who has explained these conditions of sale to you so that you fully understand them.
Cancellation and Refunds
Due to the digital nature of our products, we do not provide refunds or exchanges once they have been purchased, which is the industry standard.
Price and Payment
The price of any "digital products" will be as quoted on the "store" at the then-current time, except in the case of an obvious error. This price will include legally applicable VAT. The "customer" agrees they may have to provide their country of residence during the order process to calculate the correct amount of VAT to apply to the order. We will not accept any offers for "digital products" other than at the then-current price. Payment for all "digital products" is processed securely by various third-party payment gateway services and will be handled in the currency advertised on the "Store."
Delivery
"Digital products" are delivered to the "Customer" by a choice of methods:-
via download to the "Customer's" personal desktop computer
You hereby agree to download "digital products" for private use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, sublicense, or transfer the "digital products" to anyone else. Nothing in these conditions of sale grants the "customer" any rights other than those expressly set out herein. Any breach of these terms will be pursued to the full extent of the law. Some "digital products" sold by "DailyCine" may contain additional licensing terms or terms of use within the download, which the "customer" hereby agrees to abide by.
Customer Requirements
For the "Customer" to access the "Digital Products," the "Customer" is required to have:-
an internet connection
a personal desktop computer or mobile device capable of opening the "Digital products."
Email Communications
In the process of purchasing "digital products" from DailyCine, the customer's email address will be subscribed to the DailyCine general email list. "DailyCine" also passes on the "customer's" email address to its "author's" email lists if they have asked "DailyCine” to do this on their behalf. Both subscriptions are opt-in, meaning the "Customer" will receive an opt-in email after the sale, asking them to opt in to receive future promotional emails. "DailyCine" also uses the "Customer's" email address to issue a one-time “Order Receipt” email upon receipt of a successful order.
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities, any telecommunications carrier, operator, administration, or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in the manufacture, production, or supply by third parties, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed to with the invalid, illegal, or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings, or proposals, oral or written. This agreement may be updated without notice.
Governing Law and Jurisdiction
Other important terms: We may transfer our rights and obligations under a sales contract to another organization. Such a transfer won't affect your rights or our obligations under these terms. The sales contract is between you and "DailyCine." No other person shall have any right to enforce any of its terms. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms or delay enforcing our rights, we are not waiving these rights. You should continue to perform your obligations, if there are any. We will only waive our rights in writing on a case-by-case basis. These terms shall be governed and construed by Singapore law, and the parties hereby submit them to the exclusive jurisdiction of the Supreme Court of Singapore.
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