Digle: Terms & Conditions
1. Introduction to these terms and conditions
These terms (the “Digle Terms”) are a legal agreement between you and Digle UK Limited (“Us” or “We” and "Our" shall be construed accordingly), registration number 10169165, with its principal place of business at 23 Fountayne Road, London, England, N16 7EA, and are the terms upon which We, at Our discretion, permit you to access and use the Digle application (the “App”), Our website located at www.digle.com(the “Website”).
The Digle Terms also apply to any communications between you and Us,and service which We make available to you via the App and the Website(the “Digle Service”).
In order to use the Digle Service, you must have signed up through whichever available method you select (including by email or social connect). Once you have signed up to the Digle Service, you may use, at your discretion, the Website (in either mobile or desktop versions) or the App to access the Digle Service at any time.
Once you have signed in to use the Digle Service, you may use the Digle Service as either a Searcher or a Finder.
When using the Digle Service as a Finder you agree that you have read and understand the Finder's Guide, and act in the spirit of this Finder's Guide.
When using the Digle Service as a Searcher, you agree that you have read and understand the Finder's Guide, and act in the spirit of this Searcher's Guide.
2. Important notice
By signing in to the Digle Service, you are acknowledging that you have read, understand and accept theDigle Terms. The Digle Terms are available in the English language only.
The Digle Service comprises an online platform through which Searchers may submit Searches and through which Finders may submit Finds. You understand that We are an intermediary only and that while Our provision of the Digle Service makes use of an algorithm for the purposes of helping to sort the most appropriate Finders to complete your search, We take no responsibility for, have no control over, and, to the maximum extent permitted by law, exclude liability for, the conduct of Finders or Searchers and their respective use of the Digle Service.
You have the right to withdraw from the Digle Service as described in section 14.
Section 17 of the Digle Terms includes a limitation on Our liability to you.
You may download the App or access the Website free of charge, but in order to submit a Search you will need to purchase Credit(s) in accordance with section 7.
You will need to create an account with Us to access or use the Digle Service as either a Searcher or a Finder.
By submitting a Find, responding to a Search and/or acting in any other capacity as a Finder you are acting exclusively on your own behalf and agree not to do anything which may create a false impression that you are employed by, endorsed by or acting on behalf of Us.
By submitting a Search, you acknowledge that any Find is submitted to you from a user acting independently in his or her capacity as a Finder, who is in no way acting under Our control, on Our behalf of or under Our endorsement.
Your account is personal to you and may not be transferred to or shared with others.You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. We will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by Our negligence.
4. Information about Us
We are Digle UK Limited, a company registered in England and Wales (under registration number 10169165) whose principal place of business is 23 Fountayne Road London, United Kingdom, N16 7EA.
5. Your Devices
You must ensure you have all necessary rights to access the Digle Service from the device(s) you use for these acts (“Device”). Charges may be applied by service providers for internet access on such Devices. You accept full responsibility for the use of the Digle Service on or in relation to any Device, whether or not it is owned by you.
6. Your promises to Us
You promise Us that you are at least 13 years old. If you are 13 or older, but under the age of 18, you should review the Digle Terms with your parent or guardian to make sure that you and your parent or guardian have understood them to your satisfaction. You agree not to allow anyone under 13years old to access or use the Digle Service from your Device.
You also promise Us that all information and details provided by you to Us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time from the ‘My Account" section of the App and Website.
You acknowledge that when acting as a Finder, you shall exercise reasonable care, time and skill and shall not intentionally submit any response to a Search (including in the delivery of a Find) or representation of a particular Skill, which is fraudulent, false or misleading.
7. Purchasing Credits
You acknowledge that in order to request Searches, you will need to purchase credits (“Credits”)either through the App or the Website.
All Credits are valid for a period of 12 months only following the date of purchase, and expire after this period.
Details of the prices for the purchase of Credits are set out at the "Money" tab of the App and Website.
On each occasion, when purchasing Credit(s),you acknowledge that by ticking the relevant tick-box prior to any purchase of Credit(s) (as applicable), and/or by completing the purchase process, you expressly consent to the supply of such Credit(s) immediately and that by consenting to such supply, you acknowledge that you lose your right to cancel such transaction within the 14 day cooling-off period provided by law.
Where you purchase Credits, payment will be debited from your credit or debit card account (as applicable) upon or shortly after you have confirmed your order by clicking on the Payment button.Once you have purchased Credits in accordance with this section 7, such purchase is non-refundable.
Shortly after confirming each order to purchase Credit(s), you will receive an email notification of the purchase you are making (the "Notification") and an entry will also be made in the "Transaction History" section of the "Money" tab of the App and Website.
Additional information with respect to each transaction is also available in the "Transaction History" section of the "Money" tab of the App and Website, confirming that when you make a purchase Credit(s), and that you expressly consent to the supply of the Credit(s) immediately and acknowledge that you lose your right to cancel such purchase within the 14 day cooling-off period provided by law. The Notification indicates Our acceptance of your offer to purchase Credit(s).
When purchasing Credit(s) with a credit or debit card, you confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, We will not accept the transaction and We will not be responsible for any failure to add Credit(s) to your account. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of Our processing of your credit or debit card payment in accordance with your requested Credit(s). If you dispute any payments taken by Us from your payment card, We recommend you first contact Us to discuss the relevant transaction. If We receive a charge back in respect of any payment made for Credit(s) properly requested or used by you, We will not be responsible for any failure by Us to deliver, or to continue delivering, the applicable Credit(s).
8. Withdrawal of Funds
Once you have then accumulated, through your use of the Digle Service as a Finder, a total of Credits with a real money value of at least the withdrawal threshold specified at the relevant time in the "Withdraw" functionality set out in the "Money" tab of the App and Website, currently $30 (the "Withdrawal Threshold"), you may withdraw the real money value of such Credits into your designated bank account using the "Withdraw" functionality. All payments to users pursuant to such withdrawal of Credits shall be made in US dollars.
Once you have submitted a request to make a withdrawal, you will see a confirmation message that the transfer has been actioned and your Credits will immediately clear to the balance of the amount not withdrawn, and such withdrawal will be evidenced in the "Transaction History" section of the "Money" tab of the App and Website.
It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by Our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by Our bank payment processor that the payment has been successfully retrieved.
If, upon manual review, there is evidence of fraud, malfunction or malpractice, We may void certain Finds and winnings and amend accounts accordingly.
You agree and acknowledge that any applicable taxes and fees in connection with any funds returned to you pursuant to your activities as a Finder are your sole responsibility.
9. Spending Credits
In order to submit a Search, you will need to have available Credit(s) in your account and click the "Digle a new search" button. By clicking this button, you submit a Search, which may then be accepted by a Finder by confirming that they are "on it".
Upon submitting a Search as described above, you will spend a Credit or Credits (as you prescribe at the time of submitting the Search). This submission of a Search is revocable at any point until another user, in his or her capacity as a Finder, has confirmed acceptance of the Search by confirming that they are "on it".At which point, the submission of the Search can no longer be revoked or amended.
From the moment a Searcher submits a Search, , the Credit(s) the Searcher offers for the Search are temporarily held by Digle until a Find is submitted to Searcher, which the Searcher approves. In the event that no Find is submitted to the Searcher within the specified time period for that Search, the Credit is returned to the account of the Searcher.
10. Crediting of Credits to Finder Accounts
Each Search may be accepted by up to 3 Finders, and once Finds have been submitted within the relevant period specified in the Search by those Finders who have accepted a particular Search, the Searcher responsible for submitting that Search will then either, at its discretion: (i) approve one of the Finds submitted, or (ii) reject all Finds (if none of the Finds are satisfactory).
If you, acting in your capacity as a Finder, submit a Find, which is approved by the Searcher, your account will be credited with the Credit(s) for that Search.
For the avoidance of doubt, if a Finder submits a Find, but such Find is not approved by the Searcher, the Finder does not receive the Credit(s) allocated to such Find, and such Credit(s) are retained by Digle. In the event of any dispute, the allocation of Credit(s) shall be resolved in accordance with the Digle Rules.
11. Personal Information
You agree that on your death, all of your personal information and other account information relating to Our provision of the Digle Service to you, shall go on being indexed and published through the Digle Service.
You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the App,the Website or the Digle Service may be read or intercepted by others.
12. Your rights to use the Digle Service
In exchange for you complying with the Digle Terms, We grant you, at Our discretion, a revocable, non-transferable and non-exclusive licence to access and use the App and/or Website and the Digle Service.
You acknowledge that your use of the Digle Service grants you no rights in or to the Digle Service or any of Our intellectual property rights (including copyright, trade marks and patents) other than the right to use the Digle Service in accordance with the Digle Terms.
13. Restrictions on your use of the Digle Service
• not to copy the Digle Service (or any part of it) except where such copying is incidental to your use of the Digle Service in accordance with the Digle Terms;
• not to make alterations to, or modifications of, the whole or any part of the Digle Service, or permit the Digle Service or any part of any of them to be combined with, or become incorporated in, any other programs;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Digle Service
• not to create alternative servers for use with the Digle Service;
• not to rely on the accuracy of any data provided to you as part of the Digle Service;
• not to use or create software which automatically interacts with the Digle Service, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
• not to do anything which may disrupt, damage, or impair the Digle Service (or any part thereof), or prevent other users from using any part of the Digle Service;
• not to intercept or modify the communications between the Digle Service and Our servers;
• not to deliberately exploit any bugs you find in the Digle Service;
• not to use the Digle Service for any illegal or unlawful purpose; and
• not to provide or otherwise make available the Digle Service in whole or in part (including any object and source code), in any form to any person without prior written consent from Us.
14. Ending your use of the Digle Service
You can simply choose to stop using the Digle Service and remove it from your Device(s) at any time. In addition, you may log out from your account via the "My Account" section of the App or Website.You may also contact Us via the "Contact Digle" form accessible through the "Contact" tab and request that we deactivate your account.
If you have purchased any Credits using a debit or credit card, which you have not spent at the time you cancel your account, you acknowledge that these Credits are non-refundable under any circumstances, and, upon the termination or closure of your account, title in such Credits shall pass to Digle.
If you have earned Credits as a Finder, upon closure or termination of your account, title in such Credits shall pass to Digle, except in such circumstances where the total amount of Credits so earned exceed the the Withdrawal Threshold, in which case you may withdraw all of such Credits upon termination or closure of your account in accordance with Section 8 above.
You acknowledge that your use of the Digle Service is subject to Our discretion and We may, in the event of your breach of the Digle Terms, at Our sole discretion, withdraw your rights to use the Digle Service on the provision of written notice with immediate effect. With no possibility to retrieve credit nor money nor any other value.
15. Acceptable use of the Digle Service
You acknowledge that the Digle Service enables you to submit Finds and responses to Searches, communicate with other users of the Digle Service and post messages, personal information, images, text and other material (“UserContent”) which can be seen by others.
You agree that in using the Digle Service, you agree:
• not to post or otherwise make available any User Content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise)or which infringes any third party’s rights;
• not to respond to Searches with incorrect information;
• not to create false impressions in relation to the submission of any Finds or response to Searches;
• not to discriminate against other users of the Digle Service;
• not to create spam messages;
• not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the Digle Service, or otherwise interfere with or disrupt Our systems;
• not to do anything to bring Us or the Digle Service into disrepute;
• not to solicit or attempt to solicit personal information from any other user;
• not to impersonate any other person; and
• not use Our messaging facilities to lie to or deceive other users (i.e. you must not 'scam' other users) or to advertise or promote third party or your own products and services.
By posting or making available any User Content via the Digle Service, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of the Digle Service will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in these Digle Terms.
You acknowledge that We have the right, but not obligation to monitor or moderate User Content. If We become aware of any User Content which We reasonably consider does not comply with theDigle Terms, We may remove it.Please note that any of the User Content (including any Find or feedback or response to any Search) posted via the functionality of the Digle Service is the opinion of the person posting or sending only and such postings do not constitute any form of recommendation, representation, endorsement or arrangement by Us. Although We have rules for the posting and uploading of User Content, our interactive features may be misused and sometimes User Content can still be posted that is misleading or deceptive. You should not therefore rely on any User Content being accurate or complete.
Before approving and relying on a Find, We would encourage you to review the profile of the relevant Finder who has submitted it in order to understand further their experience and expertise. You accept that, while we use reasonable endeavours to procure that the most appropriate Finders respond to your Search through our use of algorithms, if you do use any User Content (including any Find, or response or other feedback to a Search) which has been posted or uploaded, you do so at your own risk and we would encourage you to use reasonable endeavours to verify such User Content before relying on it.If any User Content makes you feel threatened, or abused, or if you believe any User Content is offensive or otherwise breaches the Digle Terms, please contact Us via the "Contact Digle" form accessible through the "Contact" tab.
If you post or submit User Content, unless We indicate otherwise, you grant: (a) Us and our group companies a non-exclusive, royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world, whether on a commercial or non-commercial basis, in any media; and (b) Us, our sublicensees and transferees the right to use the name that you submit in connection with such User Content, if We or our group companies should choose to do so.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. To the extent permitted by law, you agree to waive your right to be identified as the author of such User Content and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, at our request and cost.
The information available through the provision of the Digle Service (the “Information”) is provided to you for your personal purposes only.
The Information may comprise views, opinions and recommendations of individuals from users who may have little or no training, education, experience or any other specialised knowledge of the matters in which they are submitting Finds and/or otherwise responding to your Searches.
While Finders may represent that they have certain expertise, by listing out specific skills ("Skills"), you acknowledge that We have not performed any independent verification of such Skills and do not endorse such Skills in any way. Further, We do not endorse any opinions or recommendations made in the course of the provision of the Digle Service, including any Finds or any other response or feedback to any Searches. We do not represent or guarantee that any of the information made available to you is accurate, reliable, current, complete or appropriate for your needs.
17. Your legal rights and the limits on Our liability to you
We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by Us or Our employees or agents.
If We breach theDigle Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach up to a maximum of $25 or the total amount of Credits that you have purchased using the Digle Service in the previous 6 month period, whichever is the greater. "Foreseeable" means that the losses could have been reasonably contemplated by you and Us at the time of entering into these Terms.
We are not responsible for: (i) losses not caused by Our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into theDigle Terms; (iv) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information; or (v) failure to provide the the Digle Service or to meet any of Our obligations under the Digle Terms where such failure is due to events beyond Our control (for example a network failure).
You have certain rights under the law. Nothing in the Digle Terms (including in this section 17)is intended to or will affect your statutory rights.Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.
If you breach theDigle Terms, then (without limiting any other remedy We may have), We may at Our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or Device from accessing the Digle Service, or in any other lawful way partially or fully restrict your access to the Digle Service.
You also agree to compensate Us and keep Us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of any of the Digle Terms.
19. Availability of the Digle Service
Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the Digle Service will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Digle Service may occur due to events beyond Our reasonable control.
20. Changes to the Digle Service
We want to continually improve the Digle Service and so We reserve the right to alter the App, Our Website and/or the Digle Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will always try to make changes in a way which We feel benefits Our users. For example, We may make changes to correct a mistake, or to replace an unpopular feature with one We feel more users will appreciate, or to make the system requirements better match the hardware of the majority of its users. We will give you reasonable notice of any material changes to the Digle Service. If We change the Digle Service to your detriment, you can terminate your agreement with Us (including any subscription you may have) at any time by logging out of your account, deleting the App from your device, or contacting Us via the "Contact Digle" form accessible through the "Contact" tab. Please see section 14 for more details on ending your use of the Digle Service.Nevertheless, any user acknowledges accepting by default the current terms and conditions disclosed at the page https://www.digle.com/terms.
To the extent changes to the Digle Service require an amendment to the Digle Terms, we will give you reasonable notice of such changes. In addition, we may amend the Digle Terms for commercial, regulatory or legal reasons, and your continued use of the App, the Website or the Digle Service will signify your agreement to those changes.
21. Rights of third parties
The Digle Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedule 1.
You acknowledge that We may transfer Our rights under theDigle Terms (and any related claims) to any third party without having to obtain your prior consent.
23. Our relationship with Users
Without prejudice to sections 2 and 3above, nothing in theDigle Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between you and Us, or to authorise either party to act as agent for the other, except in respect of Our acting on your behalf as a collection agent for Credits only. For the avoidance of doubt, you acknowledge that your use of the Digle Service as a Finder shall not under any circumstances create an employer-employee relationship between you and Digle.
24. No waiver of legal rights
If you breach theDigle Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach theDigle Terms.
25. Entire Agreement
The Digle Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Digle Service. You represent that you have not accepted the Digle Terms in reliance on any oral or written representations made by us that are not contained in the Digle Terms.
You acknowledge that your right to access and use the Digle Service is also subject to:
• applicable law; and
• any rules or policies applied by the relevant app store from which you access the App (as specified in Schedule 1);
If any part of the Digle Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These conditions are governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the/ EU, you may enforce your rights in connection with the Digle Terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which affords you mandatory consumer protection rights, you may enforce your rights in connection with the Digle Terms in accordance with such rights.
28. Contact Details
If you have any questions, complaints or comments about Us or the Digle Service,then please contact Us by email at email@example.com, inwriting by post toDigle Ltd, 23 Fountayne Road,London, United Kingdom, N16 7EA.
1. When accessing the App through the iTunes App store or Mac Store
Acknowledgement: You acknowledge that the Digle Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Digle Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
• Scope of Licence: Your licence to use the Digle Service is limited to use of the Digle Service on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
• Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
• Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to youis not limited beyond what is permitted by applicable law.
• Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of theDigle Terms, and that, upon your acceptance of theDigle Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Digle Terms against you as a third party beneficiary thereof.
2. When accessing the App through the GooglePlay Marketplace
You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html(the “Google PlayMarketplace Terms”) and in the event of a conflict between these Digle Terms and the Google Play Marketplace Terms, the Digle Terms shall take precedence.
3. When accessing the App through any other app store
You acknowledge that your use of the App may be subject to the terms of service of the relevant app store through which you access the App.