Welcome to Make Me Digital. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.
- Accepting These Terms
- Those Other Documents We Mentioned
- Your Privacy
- Your Account with Make Me Digital
- Your Content
- Your Use of Our Services
- Warranties and Limitation of Liability
- Disputes with Other Users
- Disputes with Make Me Digital
- Changes to the Terms
- Some Finer Legal Points
- Contact Information
1. Accepting These Terms
The Terms are a legally binding contract between you and Make Me Digital.
Please note that Section 11. Disputes with Make Me Digital contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Make Me Digital and the other services provided by Make Me Digital (we’ll refer to www.makemedigital.co.za other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Those Other Documents We Mentioned
Make Me Digital’s Services connect people around the world, both online and offline, to buy unique services. Here’s a handy guide to help you understand the specific rules that are relevant to you, depending on how you use the Services:
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our House Rules for Third Parties. These policies apply:
- Intellectual property owners
- Anyone requesting information from Make Me Digital
- Make Me Digital API users
All of these policies are a part of our Terms, so be sure to read the ones that are relevant to you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
4. Your Account with Make Me Digital
You’ll need to create an account with Make Me Digital to use some of our Services. Here are a few rules about accounts with Make Me Digital:
- You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Make Me Digital or the Services. For more information on Make Me Digital’s policy on use of the Services by minors, see this Help article.
- Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar or infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
- These Terms don’t create any agency, partnership, joint venture, employment, or franchise relationship between you and Make Me Digital.
This detailed Help article should answer any questions you have about registering an account with Make Me Digital.
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
a. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Make Me Digital, another Make Me Digital user or a third party.
b. Pay Your Bills. You are responsible for paying all fees that you owe to Make Me Digital. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
d. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
e. Follow Our Trademark Policy. The names “Make Me Digital” and the other Make Me Digital marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Make Me Digital in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
f. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Make Me Digital (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
g. Talk to Us Online. Make Me Digital will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment) and that your electronic agreement is the same as your signature on paper.
Termination By You. We’d hate to see you go, but you may terminate your account with Make Me Digital at any time from your account settings. You can find more information in this Help article. Oh, and you’ll still have to pay any outstanding bills.
Termination By Make Me Digital. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our websites or mobile apps. Make Me Digital may refuse service to anyone, at any time, for any reason.
If you or Make Me Digital terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Make Me Digital reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in-person meetings.
Gift Cards and Promotions. You acknowledge that Make Me Digital does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Make Me Digital is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Make Me Digital, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Make Me Digital’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Make Me Digital in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
We hope this never happens, but if Make Me Digital gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Make Me Digital (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense, however, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes With Other Users
If you find yourself in a dispute with another user of Make Me Digital’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
The release of Make Me Digital. You release Make Me Digital from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes With Make Me Digital
If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
a. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
b. Arbitration. Please contact us with regards to more information on this clause.
c. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
Modifications. If we make any changes to this “Disputes with Make Me Digital” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Make Me Digital prior to the date the changes became effective. Make Me Digital will notify you of substantive changes to the “Disputes with Make Me Digital” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Make Me Digital a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Make Me Digital in accordance with the provisions of this “Disputes with Make Me Digital” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Make Me Digital regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at firstname.lastname@example.org
Last updated on 1 Feb 2018