Terms of Service

When you use our Website (digitalproductcart.com) you accept these Terms of Service including the Acceptable Use Policy. You must read and agree to the Terms of Service and Acceptable Use Policy prior to registering for an account and in doing so you accept that you are legally bound by them.

Definitions

We/Us/Our/Website or Digital Product Cart: Digital Product Cart (digitalproductcart.com)

Service: the functionality, facilities and products provided by Us.

Member: a user who has registered for the Service in order to sell digital products online. Members can hold paid accounts (by monthly subscription) or a Free account.

Customer: a user who makes a purchase of a digital product owned and administered by a Member.

User: anyone who has accessed the Website.

Product(s): the digital file(s) a Member sells using Our Service.

Service

Digital Product Cart is an online platform enabling Members to sell digital files to Customers. A Member may upload a Product to Our servers, or host the Product on their own servers. When a Customer completes a verified purchase of a Product through PayPal, Digital Product Cart automatically delivers a unique and secure link to download the Product to the Customer by email. We also provide our Members with functionality to track transactions, store their Products and monitor the sales of their Products.

Updating the Service

We reserve the right to change, update or remove any features or benefits of the Service at any time. We also reserve the right to change the features or benefits of any of the subscription plans at any time. Any new feature or benefit will be subject to these Terms of Service and the Acceptable Use Policy.

Availability of the Service

We endeavour to maintain a reliable Service and together with our web host aim for an up-time of 99.9%. There may be disruptions to our Service due to network, server, technical or other issues. We will not be held responsible for any loss of any kind resulting from disruptions to the Service.

Billing

Payments for paid accounts (Silver, Gold or Self-hosted accounts) are processed using PayPal’s subscription service. Monthly payments are taken in advance, with the first payment taken on the day the Member signs up for the Service and every month thereafter until cancelled by Us or the Member. An online invoice is made available to Members in their online account five days before payment is taken.

A Member can cancel their account and automatic monthly payments at any time. This can be done either directly in their PayPal account or by emailing support@digitalproductcart.com. When a Member cancels their account, the Service will continue until the end of the month for which they have already paid.

Transaction fees (Free account only)

All free accounts are subject to our commission structure. The first 9 sales of each Members’ product will be collected by the Member. The 10th sale and every 100th sale thereafter will be collected by Digital Product Cart.

We do not charge any transaction fees or take commission from Members who have paid for an upgrade package (Silver, Gold and Self-hosted) but PayPal transactions fees will still apply.

Refunds

We believe in offering a fair service to our Members and as such we will be happy to offer a refund on any monthly subscription paid in the last 30 days if you are not satisfied with the Service. To request a refund please contact support@digitalproductcart.com or submit a support ticket in your account.

Customer Payments

Our Service is restricted to enabling Member Products to be automatically delivered to Customers upon payment. Products are owned, administered and are the sole responsibility of our Members. Customers who make a purchase of a Product through Digital Product Cart are entering into a transaction with the Member. We will not be held responsible for the content or the quality of the Product in any way. We will not be held responsible for any loss of any kind resulting from the purchase or use of a Product.

In the case of any queries or disputes in relation to a Product, you should contact the Member directly in the first instance. If you are unable to contact the Member please contact support@digitalproductcart.com and we will do our best to assist in any dispute subject to the limitations of these Terms of Service.

In making a purchase through Digital Product Cart, Customers are accepting and agreeing these Terms of Service.

Use of the Service

The Service is used at your sole risk. In using the Service you expressly agree that Digital Product Cart, its directors, employees, contractors and its suppliers shall not be liable for direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the inability to use the Service, unauthorised access to your account, violation of any applicable law on your part or any other matters relating to the Service. The failure of Digital Product Cart to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

In no event shall SendOwl, its directors, employees and contractors, be responsible for any claims, damages, obligations, losses, liabilities, costs and expenses arising to a) your violation of the TOS or AUP b) your violation of any law or regulation or c) your use of the Service in anyway.

Limitation of Liability

In no event will Digital Product Cart be liable for:

– any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service, or downloaded from the Service, or any delay of such information or Service even if Digital Product Cart or its authorised representatives have been advised of the possibility of such damages

– any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through the Service.

Digital Product Cart makes no representations whatsoever about any of its Member’s Products or services. When you purchase a Product from a Member using Our Service, please understand that the Member is independent from Digital Product Cart, and that We have no control over the content or quality of that Product.

You may not sell, copy, resell, exploit, or attempt to, any part of the Service or access to the Service.

Updates to this Policy

Any Member using our Service agrees to this Terms of Service. The policy may be reviewed, changed or updated at any time. Your continued use of the Service will constitute your acceptance of any changes to this policy.