INTRODUCTION

 

This website is operated by Dagmaker Limited. Throughout the site, the terms “we”, “us” and “our” refer to Dagmaker Limited. Dagmaker Limited offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

1. DEFINITIONS

“The Company” means Dagmaker Limited.

“The Customer” means any person, persons or company who places an order and/or accepts usage of any of our Services.
“The Services” means accessing/using the information, resources, services, products, and tools we provide for you, either paid or free.

“The Price Plan” means using our Services subject to one of our paid Subscription plans in accordance with the prices indicated on our website.

The “Subscription Term” means the term of time for the Price Plan i.e. whether it’s a prepaid monthly or annual plan.

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2. USAGE & CONDUCT

 

By visiting our website and accessing the Services, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement” or “Agreement”).

 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

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By visiting our website and accessing the Services, you agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.

 

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account/s.

 

Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

 

Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

 

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.

 

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

 

We provide you the ability to create your own content, listings and ads and we may also provide various open communication tools on our website and Services, such as blog comments, blog posts, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by you or other users, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.

 

By creating and posting listings and ads or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

• Contains any type of unauthorized or unsolicited advertising;

• Impersonates any person or entity, including any Dagmaker employees or representatives.

 

We have the right at our sole discretion to remove and/or block any content, including but not limited to your ebay listings that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

You agree to indemnify and hold harmless Dagmaker and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

 

3. PRICE

Any Price Plan quoted by the company is correct at the time of publication but the right is reserved to alter prices at any time without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

We will determine the prices to be charged for the Price Plan in accordance with our own pricing policies. Pricing of the Price Plan and availability may vary from time to time. 

 

We offer a 7 days free trial period which upon the end of it your user will be disabled until purchasing one of our Price Plans. We may offer extended trials for limited time promotions.

 

Extended trial promotions are only valid for users registered after the beginning of such promotions.

 

In such trial period all applicable terms of this Agreement shall apply.

 

We reserve the right to change the trial period from time to time. Your trial period will be as stipulated on the website at the time of your registration.

 

We offer several Price Plans, as indicated on our website, and users can choose between various Subscription Terms.

 

It is important for us to clarify that unless ordered by you to stop, charges shall be renewed every month/year, as applicable.

 

Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the month or year, as applicable. If fees are changed, your approval will be necessary before any charges renewal.

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4. TERMS OF PAYMENT

Unless otherwise agreed in writing, payment in respect of Services / Price Plans shall be made prior to access. Accepted payment methods are PayPal, Clearpay or credit/debit card.

 

If you wish to purchase a Price Plan with a credit card, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and expiration date or any other payment information, as well as your billing address.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

 

If you wish to purchase a Price Plan via PayPal or Clearpay, please note these are secured third party services and are subject to PayPal and Clearpay policies and terms of service respectively.

 

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5. REFUNDS & DISCOUNTS

 

A full refund is offered within 14 days from purchasing an annual Price Plan if for any reason the purchaser does not like/need our Services and has not created or imported more than 50 listings.

 

To obtain a refund, you must contact our customer service through any of our support channels so we can review whether you are eligible for a refund under these terms of service. 

 

The Company may, at its sole discretion, offer discounts, coupons or promotions that may reduce applicable fees.

Any refunds will be made back to your method of payment whether credit card, Paypal or a Clearpay account. You will not be entitled to a refund in the event we terminate your account due to your violation of this Agreement, or if you have not used our services.

 

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6. TERMINATION OF PRICE PLAN BY USER

 

The user may cancel their account at any time by managing their subscription in their account dashboard. If they cancel their Price Plan, the cancellation will take effect at the end of their current billing period. Dagmaker will then cease charging the user for the paid services and will disable their paid account. If the user cancels their account, they will not be issued a refund for their most recent (or any previous) billing.

 

Termination of a subscription Price Plan will take into effect within 3 business days from the notice of termination given by the user.

 

Termination of a Quarterly or Annual subscription Price Plan will in addition to the provisions stated above, require the customer to be charged with an additional amount equal to the discount rate applied on the quarterly / annual subscription price multiple by the number of used months until the termination notice.

 

 

7. TERMINATION BY COMPANY  

 

The company has the right to suspend or terminate this agreement in any time and without any notice. In such case and subject that such termination wasn’t due to breach of this Agreement by the Customer, the Company shall refund the Customer on the relative period that was paid but not used.

 

During the Termination Period this agreement shall remain in full force and effect and the Customer will pay, in full, for the Services up to and including the last day on which the Services are provided.

 

Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

 

8. UPGRADES AND DOWNGRADES

 

If you choose to upgrade your account, you will be charged the prorated difference between the price of your current plan and the price of the upgraded plan. This prorated amount will be calculated based on the remaining duration of your current billing cycle. Your upgraded plan will become active immediately.

 

If you choose to downgrade your account, you will receive a prorated credit towards your account balance for the difference between your current plan and downgraded plan. This prorated credit will be calculated based on the remaining duration of your current billing cycle. Your downgraded Price Plan will become active immediately. You will not be refunded the difference in price between your old subscription and your new subscription.

 

 

9. LIMITATION OF WARRANTIES

 

The Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services.

 

Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, but the Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption

 

However, the Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. Except as expressly set forth in this section, the services and implementation services are provided “as is” and the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

 

Furthermore, you understand and agree that:

Any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

 

No information or advice, whether expressed, implied, oral or written, obtained by you from Dagmaker or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

 

10. LIMITATIONS OF LIABILITY

In no case shall Dagmaker, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services during the 6 months preceding the above mentioned claims.

 

Dagmaker will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

Unless otherwise expressed, Dagmaker expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

 

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11. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Dagmaker and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

 

12. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

It shall be clarified that permission to use such Content, given under this Agreement, is only for the use of our Services and the user can’t use such Content for any other use rather than the use of these Services.

 

You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Dagmaker will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.

 

 

13. PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 
 

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14. FORCE MAJEURE

The Company shall be under no liability to the customer in any way whatsoever for destruction, damage, delay or any other matters of any nature whatsoever.

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We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

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A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

 

 

15. THIRD-PARTY LINKS 

Certain content and Services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

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16. ERRORS, INACCURACIES AND AVAILABILITY

 

We are continuously updating our offerings of products and services on the Service. The services available on our Service may be mispriced, described inaccurately, or unavailable and we may experience delays in updating information on the Service and in our advertising on other web sites.

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Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, information, product images, specifications, availability, and services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

 

17. COMPLAINTS PROCEDURE

The Company will try to resolve any complaints or disputes that arise as quickly and efficiently as possible and to the customers satisfaction. The customer must report any issues as soon as they arise and any defects to services must be reported to the Company via the Support channels.

 

 

18. SUPPORT

 

The Services include access to email and chat support. “Email and chat support” means the ability to make requests for technical support assistance by email (info@dagmaker.com) or chat via the website at any time (with reasonable efforts by Dagmaker to respond within one business day) concerning the use of the Services.

 

 

19. RELATIONSHIPS 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 Agreement.

 

 

20. NOTICE

 

All notices given by you to us must be given to Dagmaker at info@dagmaker.com. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

21. ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

 

 

22. ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

 

 

23. SERVICES

 

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Price Plans are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited. 

We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

 

24. OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

 

25. PERSONAL INFORMATION 

Your submission of personal information through the website is governed by our Privacy Policy, which can be viewed here: https://www.dagmaker.com/privacypolicy

 

 

26. APPLICABLE LAW

All contracts between the Customer and the Company shall be governed by English Law and shall be construed and take effect in all respects accordingly.

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27. GENERAL CONDITIONS 

We reserve the right to refuse Service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 
 

 

28. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


29. SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 


30. ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

31. CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

32. CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at

info@dagmaker.com

Our contact information is posted below: 
Dagmaker Limited
info@dagmaker.com

71-75 Shelton Street, London, WC2H 9JQ, UK

 

Placing an order via the website confirms you have read, understood and agree these terms and conditions.