Terms of Use

This document outlines the terms of use for our website and application. These terms of use ("agreement") constitute a legal contract between you, whether an individual or a company ("You" or "User"), and Sailax Holdings Pty Ltd ("Company," "Sailax," "We"), an Australian-based entity. This agreement governs your use of the Company's website (www.shop.sailaxdbc.com), mobile application, and related services.

Our website and mobile application offer users a modern and elegant solution for scanning, creating, designing, and sharing business cards online. The website provides information on our products, services, features, benefits, pricing, and other information to help you understand how to use our service. The mobile app enables users to scan, create, and manage business cards, promoting a paperless approach.

Note: You can always access the most current version of these terms on Sailax's website at https://shop.sailaxdbc.com/terms-conditions. By accessing our website, mobile application, or any associated services, you agree to be bound by all the terms and conditions in this agreement. Please note that these terms may change from time to time, and it is your responsibility to review them periodically. Continuing to use the service after any such changes constitutes your consent to those changes.

IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SERVICE OR TERMINATE YOUR USE OF THE SERVICE.

1. Website

Our website provides information about the mobile application. You do not need to create accounts or cards on the website. You can make purchases using PayPal or Commonwealth Bank to buy subscriptions for the mobile app. The primary purpose of the website is to provide an understanding of the mobile app. If you have any questions or concerns about the website's content, please email us at info@sailaxdbc.com.

2. Application

2.1. Welcome to DBC (the 'Application'). The Application offers services for scanning, creating, designing, and sharing personal business cards online (the 'Services').

2.2. The Application is operated by SAILAX HOLDINGS PTY. LTD. (ABN 44 381 860 440). Access to and use of the Application and its associated Products or Services are provided by SAILAX HOLDINGS. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Application, you indicate that you have read, understood, and agreed to be bound by the Terms. If you do not agree with the Terms, you must immediately cease using the Application or any of its Services.

2.3. SAILAX HOLDINGS reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SAILAX HOLDINGS updates the Terms, it will make reasonable efforts to provide notice of updates. Any changes to the Terms take immediate effect from the date of publication. It is recommended that you keep a copy of the Terms for your records.

3. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is available in the user interface provided by SAILAX HOLDINGS.

4. Subscription to Use the Services

4.1. To access the free Services ("Free Service"), you can download the application from the app store. To access the premium features of the mobile app, you must purchase a subscription through the Application (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

4.2. By purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure the selected Subscription suits your needs.

4.3. After purchasing the Subscription, you will need to register for an account through the Application or vice versa (create an account and then purchase a subscription).

5. Access to Limited License

5.1. Subject to your compliance with the Terms, including maintaining accurate registration information and paying applicable fees, Digital Business Cards grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users. All rights not expressly granted to you are reserved by Digital Business Cards and its licensors.

5.2. Without explicit permission from Digital Business Cards, you may not use Digital Business Cards' trademarks or service marks.

5.3. You may not alter, modify, obscure, or remove Digital Business Cards' trademarks from the Services.

5.4. You must not alter, modify, or obscure the Services or represent yourself as acting on behalf of Digital Business Cards.

5.5. You must not represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of Digital Business Cards.

6. Modifications to the Services

Digital Business Cards reserves the right to modify or discontinue the Services, either temporarily or permanently, with or without notice. Digital Business Cards will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

7. Account Conditions

7.1. You must have the legal capacity to enter into these Terms in your jurisdiction, such as being of the minimum age required to enter into contracts.

7.2. Accounts registered by automated methods or "bots" violate these Terms and will be terminated immediately.

7.3. You must provide a valid email address and promptly update any other requested information if it changes.

7.4. You must not impersonate or misrepresent your identity or affiliations.

7.5. You are responsible for maintaining the security of your account and password. Digital Business Cards is not liable for losses or damage resulting from your failure to comply with this security obligation. You are responsible for any acts or omissions made using your login and password.

7.6. You must not intentionally and maliciously disrupt others' use of the Service.

7.7. If your use of the Services excessively burdens the system, Digital Business Cards reserves the right to limit or disable your access without notice.

7.8. Verbal, physical, written, or other abuse of any customer, employee, member, or officer of Digital Business Cards will result in immediate account termination.

7.9. You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or disrupt the intended use of the Services.

8. Content Conditions

8.1. You are responsible for all content, including information, data, text, software, music, sound, photographs, graphics, video, and email messages posted, received, or sent through the Services (collectively "Content") and all activity under your account.

8.2. We reserve the right to remove Content we consider "Offensive Content," as defined below. We may also limit or revoke the use privileges of anyone posting such Content or engaging in unacceptable behavior on the Services.

8.3. Digital Business Cards does not guarantee that the Content will be accessible or transferable on the Services for short-term or long-term use. To the extent Content is available for use through the Services, you agree to use it only for internal purposes to address end users' needs.

8.4. We cannot control all Content posted by third parties to the Services. You understand that using the Services may expose you to Content you may find offensive, indecent, incorrect, or objectionable. Under no circumstances will Digital Business Cards be liable for such Content, including errors or omissions or any loss or damage incurred as a result of using the Content.

8.5. You may not post unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable Content, or Content violating these Terms ("Offensive Content"). Examples of Offensive Content include, but are not limited to:

8.6. Abuse, harassment, threats, or intimidation of any person or organization.

8.7. Engagement in or contribution to illegal activities or activities violating others' rights.

8.8. Use of derogatory, discriminatory, or excessively graphic language, providing false, misleading, or inaccurate information.

8.9. Hacking or modifying the Services to falsely imply an association with Digital Business Cards.

8.10. Engagement in or contribution to activity that maliciously degrades the Services.

8.11. Implying or pretending to be affiliated with a company or organization with which you are not affiliated.

8.12. Disclosing personal login information, including passwords, without permission.

8.13. Transmitting worms, viruses, or harmful software.

8.14. Sending spam, unsolicited mail, junk mail, or chain letters.

8.15. Disclosing personal or proprietary information of another user, end user, person, or organization.

8.16. Altering the Service's user interface to remove access to any part of the Service's functionality or inhibit access or display of advertisements.

8.17. Collecting content or information belonging to another user, an end user, or Digital Business Cards, or accessing the Services using automated means without our permission.

8.18. Soliciting login information or accessing another user's or end user's account.

8.19. Promoting, endorsing, or distributing material soliciting money, funds, or people on Digital Business Cards' websites or properties.

8.20. Aiding in the use of the Services for commercial advertisement or solicitation on Digital Business Cards' websites or properties.

8.21. Harassment, intimidation, or threats against users, end users, employees, or agents of Digital Business Cards.

8.22. Deceptive or predatory practices toward users or end users of the Service.

8.23. Removing or altering copyrights, trademarks, or proprietary marks and rights owned by us.

8.24. Forging, manipulating, or plagiarizing messages, communications, headers, or identifiers to imply an association with us or the Services.

8.25. Posting, publishing, displaying, or transmitting in any way proprietary information, copyrighted material, and trademarks not belonging to you, without the prior written consent of the owner of such rights.

8.26. Posting content that advocates, endorses, condones, or promotes harassment of others, or content that actively or indirectly harasses others.

8.27. Posting content that is offensive and harmful, including but not limited to content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or any group of individuals.

8.28. Posting content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent, or sexual manner.

8.29. Posting content that solicits personal information or any information from anyone under the age of 18.

8.30. Posting content that uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property.

8.31. Grant of License. You represent that you have the authority to and do hereby grant to Digital Business Cards a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the "Content License"). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third-party service providers to enable transmission of and access to the Content through the Service.

9. Intellectual Property Rights

9.1. The Services are protected by copyright, trademark, and other laws of Australia and foreign countries. Except as expressly provided in the Terms, Digital Business Cards, its suppliers, and licensors own all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

9.2. Digital Business Cards always appreciates your feedback or other suggestions about Digital Business Cards, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

9.3. You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, JavaScript, visual design elements, features, functions, or graphics without express written permission from us.

9.4. All trademarks, service marks, logos, trade names, and any other proprietary designations of Digital Business Cards used herein are trademarks or registered trademarks of Digital Business Cards. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

10. Cancellation

You are solely responsible for properly canceling your paid subscription. An email, phone, chat, or written request to cancel your paid subscription is not considered cancellation. You may cancel your account at any time, for any reason; however, you will need to manage your in-app purchases through your mobile device platform to avoid additional billing. The cancellation of your paid subscription will occur at the end of your current paid-up period. Upon cancellation or otherwise, you may request that your data be destroyed.

11. Refunds

11.1. Digital Business Cards is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.

11.2. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, Digital Business Cards. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction, and hit "Report Problem." You can also submit a request at https://getsupport.apple.com.

11.3. If you subscribed using any other means, please mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address, order number, and telephone number associated with your account along with your order number. This notice shall be sent to: 35-37 Jesica Rd, Campbellfield VIC 3061, Australia.

11.4. If Digital Business Cards materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, we will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.

12. Indemnification

12.1. You agree to defend, indemnify, and hold harmless Digital Business Cards, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit, or make available through the Services, and any misuse of the Services or claims against Digital Business Cards by an End User.

13. Non-solicitation

13.1. You may not use the Services to solicit, interfere with, or endeavor to entice away from Digital Business Cards any Digital Business Cards customer, user, or subscriber.

13.2. The Services are for your use only. You may not resell, lease, or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Digital Business Cards or by acting as an agent contracted by a third party to act on its behalf.

13.3. If you are interested in becoming a Digital Business Cards partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email info@sailaxdbc.com or talk to us on live chat.

14. Governing Law

These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of Victoria. Any disputes arising under this Agreement shall be heard in the state or federal courts of Australia. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder.

15. Notices

Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting on our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

16. Contact

If you have any questions about the Terms of Service, please contact us at info@sailaxdbc.com.