Terms and Conditions

Shipping Policy

All products are virtual and are delivered via email within 10 seconds of purchase. We refer to this as “instant delivery” in our product descriptions. If you cannot find the email then you can contact us at support@digitalchillmart.com for assistance or a reissue of your digital product. Alternatively, at any time you can register an account with your order email and the digital product will be permanently visible on your account page.

Refund Policy

If  your activation code is not working you are entitled to a refund. However, we can also provide replacements if requested by the customer. In the case of user mistakes, we are not obligated to refund you. Although, we generally provide replacements if you’ve purchased the wrong product by accident. Under no circumstances will we refund you for purchasing the incorrect product, only exchange is possible.

General Terms and Conditions

1.1. Subject to the other provisions set forth in these Terms and Conditions, DIGITALCHILLMART.COM grants the Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the services offered by DIGITALCHILLMART.COM. This license refers strictly to the functionalities of the Site and does not concern any licenses to digital content, especially activation codes offered.

1.2. All rights not expressly granted to the Users in these Terms and Conditions are reserved and retained by DIGITALCHILLMART.COM or their owners, licensors, suppliers, publishers or other authorized persons.

1.3. The users must not misuse the DIGITALCHILLMART.COM services. The Users may use the DIGITALCHILLMART.COM services only as permitted by law. Users and Sellers are not allowed to use them in order to violate the law or third party rights, in particular any copyright, intellectual property rights or personality rights.

1.4.  Any texts, graphic materials, interactive functions, logos, photographs, files, software and any other materials on the Site, except for those uploaded, transmitted, made available, published by Users or Sellers, as well as the selection, organization, coordination, compilation of the materials and the general outline and nature of the Site constitute intellectual property of DIGITALCHILLMART.COM. They are protected by copyrights, trademarks, patents, industrial design rights and other rights and provisions, including international conventions and property rights. Any such rights are reserved for DIGITALCHILLMART.COM. Any trademarks, marks and trade names constitute DIGITALCHILLMART.COM property. Without explicit consent of DIGITALCHILLMART.COM, the User nor the Seller must not: duplicate, copy, download, disseminate, sell, distribute or resell any services, information, texts, graphics, video clips, sounds, screenplays, files, databases or lists whatsoever available on or via the Site nor use them otherwise. It is forbidden to retrieve the Site content systematically to create or compile, either directly or indirectly, a collection, compilation, database and catalogue (by using robots, search engines, automatic or manual devices) without written permission of DIGITALCHILLMART.COM. The use of any content or materials available from the Site for purposes not specified in the Terms and Conditions is forbidden, especially any use, publication, copying in any form – whether electronic, mechanic, photographic or other (All Rights Reserved). These materials constitute Works within the meaning of applicable protection copyright Act. Furthermore the Works are protected under international law on the basis of the Universal Copyright Convention signed in 1952 in Geneva and the Berne Convention of 1886 together with the Stockholm entry of 1972 and 1979 amendments.

1.5. In order to protect his/her personal data, the User is obliged to read and accept the Terms and Conditions and the information Privacy and Cookies Policy concerning personal data uploaded through the Site and on the partnership websites of DIGITALCHILLMART.COM. By using the Site, the User consents to conform with the Terms and Conditions relating to privacy protection and personal data protection defined in the Privacy and Cookies Policy.

1.6. DIGITALCHILLMART.COM may provide Users with access to the content, products or services offered by other providers via the hyperlinks (in the form of word links, banners, channels or whatever else) leading to the sites of such providers. It is recommended to read the regulations of such sites, their Privacy and Cookies Policy and Terms and Conditions before starting to use such sites. The User is informed that DIGITALCHILLMART.COM has no control of the websites owned by other providers, nor does DIGITALCHILLMART.COM monitor such sites or is liable to Users for such websites, their content or the products or services that are available from such websites.

1.7. The User, Seller, and Selling User hereby confirm and assert that they will not engage in the following:

  1. a) upload, create nor distribute through the Site any data violating any laws, terms of binding agreements or third parties’ rights (including any trade secrets, intellectual property rights, copyrights, personality rights or rights relating to personal data protection);
  2. b) publish any false or misleading information, which may be detrimental to or may expose DIGITALCHILLMART.COM or third parties to any harm;
  3. c) impersonate another person or entity, whether existing or fictional, or falsely maintain to be related to any other person or entity, nor access other Users’ accounts, provide false information on the sources, type and content of the data transferred through the Site, nor in any other way mislead other Users, Sellers or DIGITALCHILLMART.COM;
  4. d) use the Site for any other purposes than the use of services offered by DIGITALCHILLMART.COM, other Sellers or Users;
  5. e) circumvent or disable the Site’s security;
  6. f) use the Site for any illegal purposes nor to violate domestic or international laws, including provisions relating to copyright, intellectual property rights and other property rights protection, as well as data protection provisions;
  7. g) slander, defame, offend, haunt, deceive other Users of the Site, will not collect nor attempt to collect their personal data or the personal data of other persons without their consent nor threaten them;
  8. h) attempt to break the Site’s source code nor any parts thereof, nor to manipulate it in any way;
  9. i) modify, adapt, translate the Site nor any parts thereof (including the Terms and Conditions), or create any derivative works on their basis;
  10. j) in any way deliberately disturb the Site’s activity or disturb other Users or Sellers in using the Site, in particular by uploading and circulating viruses nor any other detrimental software such as adware, spyware, etc.;
  11. k) in any way deliberately disturb the Site’s activity or any activities taken with the use of the Site;
  12. l) take any actions aimed at discovering access passwords of other Users or Sellers, including any attempts to guess the passwords;
  13. m) transfer for remuneration nor in any other way make available for remuneration part or whole of his/her account;
  14. n) upload on the Site any data containing any personal data of third parties;
  15. o) in any way make other Users’, Sellers’ or Selling Users’ use of the Site difficult;
  16. p) make payments with the use of other people’ or stolen credit/debit/prepaid cards or with means coming from undisclosed sources;
  17. s) create more than one (1) account which is used by the relevant User, Seller, or Selling Users on the Site without DIGITALCHILLMART.COM’s prior consent;
  18. g) made settings in the User’s systems that are inconsistent with the actual state of affairs or whose purpose is to deceive DIGITALCHILLMART.COM’s systems;
  19. h) abuse the type or number of payment methods that result or may result in fraud or abuse of legal provisions and regulations of payment organizations;

1.8. By posting or publishing their own content and materials on the Seller’s Store or by distributing them in any other way to DIGITALCHILLMART.COM or its partners, the User and the Seller, within the scope permitted by law, grants an irrevocable, permanent and free license, to use the said materials in any way and in any place by DIGITALCHILLMART.COM. The license also covers the right to present, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create content related to or otherwise use the User content in any way and for any purpose whatsoever that might be beneficial to the operation of DIGITALCHILLMART.COM, currently or in the future. The User acknowledges and warrants to DIGITALCHILLMART.COM that he/she has sufficient means and rights to ensure such license.

1.9. Whenever DIGITALCHILLMART.COM provides services or digital goods to any person who is considered to be an entrepreneur, that person acknowledges and agrees to account for any GST/VAT due via the applicable Reverse Charge Mechanism (such as in Albania, Australia, Argentina, Bangladesh, Belarus, Canada, Colombia, Chile, European Union, Ghana, Iceland, India, Japan, Mexico, Moldova, New Zealand, Norway, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, Thailand or United Kingdom).

1.10. IT IS PROHIBITED TO LIST AND SELL ON THE SELLER’S STORE ANY DIGITAL CONTENT, INCLUDING CD-KEYS, WHICH INFRINGE THE APPLICABLE LAWS, THIRD PARTY RIGHTS (IN PARTICULAR COPYRIGHTS) OR THESE TERMS AND CONDITIONS.

1.11. DIGITALCHILLMART.COM, when providing tools and features enabling browsing the offers from various Sellers’ Stores, uses the default placement of product offers, which adjusts the order in which they are placed, taking into account the Users’ preferences. Placement takes into account the following factors:

  • Data about the product offer: ie. mainly compliance of the product offer description with these Terms and Conditions, the number of product offer views in different time intervals, the number of purchases made as part of a given product offer, the price of the product being the subject of the offer, using the product offer promotion option;
  • Data about the Seller or Selling User: ie. mainly the number of positive and negative opinions, percentage of recommendations from Users.

1.12. The Seller and Selling User does not have access to all data available to DIGITALCHILLMART.COM. The Seller and Selling User have free access to data related to its activities performed within his/her Seller’s Store.

DIGITALCHILLMART.COM does not provide paid access to sales statistics on the Site. General Sales statistics on the Site are stored by DIGITALCHILLMART.COM also after the termination of the contract with the Seller and Selling User. Each Seller/Selling User may gather his/her own sales statistics for own use and/or may maintain accounting data according to the relevant laws of his/her jurisdiction.

DIGITALCHILLMART.COM’s access to Seller and Selling User’s personal data, the rules for this access, as well as the storage period and the rules for deleting such data are set out in Privacy and Cookies Policy.

Digital Chill Mart Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Digital Chill Mart Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Digital Chill Mart reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Digital Chill Mart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Digital Chill Mart product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Digital Chill Mart. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Digital Chill Mart. You must ensure that each of the links between your site and the Digital Chill Mart properly utilizes such special link formats. Links to the Digital Chill Mart placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Digital Chill Mart product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://digitalchillmart.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Digital Chill Mart Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Digital Chill Mart or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://digitalchillmart.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Digital Chill Mart reserves the right to end the Program at any time. Upon program termination, Digital Chill Mart will pay any outstanding earnings accrued above $20.

Termination

Digital Chill Mart, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Digital Chill Mart service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Digital Chill Mart reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Digital Chill Mart will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s 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.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Digital Chill Mart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Digital Chill Mart and govern your use of the Service, superceding any prior agreements between you and Digital Chill Mart (including, but not limited to, any prior versions of the Terms of Service).