Terms & Conditions
This page (together with the documents referred to on it) outlines to you the terms and conditions (the “Terms”) upon which we supply to you any of our services (“our Services”, as further described in Clause 3 below and as listed on our website www.godigi.ie (“our Site”)). Please read these Terms carefully before ordering our Services. You understand that by ordering our Services, you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
1. Information about us
www.godigi.ie is a Site operated by Go Digital (“we”, “us” and “our”). We are registered in Ireland under company number 399305 and with our registered office at 93 Upper Georges Street, Dun Laoghaire, Co. Dublin, Ireland. Our VAT number is 6520505J.
2. Services availability
Our Service is only intended for use by people resident in the European Union (the “Serviced Countries”). We do not accept orders from individuals outside the Serviced Countries.
3. Our Services
3.1 You agree that your use of our Media (as defined below) conversion service (“our Services”) is entirely at your own risk and that any information or guidance on our Site and in these Terms does not constitute the acceptance or assumption of any liability by us with respect to the provision of our Service to you (other than as explicitly set out in Clause 14 below).
3.2 Our Services are used to transform your own Media into a digital format (the “Deliverables”). Our Services are only available for conversion of Media you are authorised or legally permitted to change in format or Media in which you own the relevant Intellectual Property Rights and other applicable rights. It is entirely your responsibility to ensure that any Media that is converted into a Deliverable using our Services does not violate any other party's Intellectual Property Rights. If you are uncertain about your right to copy, convert or permit access to any Media, you should seek your own legal advice prior to placing an order for our Services.
3.3 We shall not hold any data in relation to your Media other than that required for the duration of the provision of our Services. We convert the Media provided by you but do not keep a backup copy of any such Media.
3.4 For the purpose of these Terms “Media” means music (including, without limitation, on compact discs and other storage media), photographs, video and other materials which we may agree, from time to time, to convert into digital format.
4. Your obligations
4.1 You are required to take responsibility for ownership and use of your Media and the Deliverables.
4.2 In the case of Media where you only have a limited right of personal non-commercial use (such as, without limitation, music on compact discs) you expressly agree not to upload the Deliverables on to file sharing or other distribution services after we digitise your Media through the provision of our Services.
4.3 You agree: (a) to provide true, accurate and complete information about yourself and your Media in our order form; (b) that any orders submitted to us incorporating any Media that: (i) do not conform to the open Red Book audio standard; (ii) are copy protected; or (iii) are deemed by us to be unplayable or unreadable, as appropriate, (whether as a result of being damaged, incompatible or otherwise), will not be encoded; and (c) not to permit any Deliverables to be used in a manner in which you would not be permitted to use the Media submitted for conversion (including the contents thereof).
4.4 You warrant that: (a) any and all Media you request us to convert into Deliverables are your property and do not include any counterfeit Media or any unauthorized copies of copyrighted Media; (b) you will use the Deliverables solely for personal, non-commercial purposes; (c) in the case of Media where you only have a limited right of personal non-commercial use (such as, without limitation, music on compact discs), you will not share copies of the Deliverables with anyone; and (d) in the case of Media where you only have a limited right of personal non-commercial use (such as, without limitation, music on compact discs), you will not distribute the Deliverables over file sharing or other distribution services or upload them to the Internet.
4.5 You acknowledge that: (a) the condition of your Media impacts our ability to provide our Services (for example scratched or damaged compact discs will not be converted); (b) your use of our Services and Deliverables is entirely at your own risk; (c) we include information on each Deliverable that identifies the Deliverable as your own; and (d) all Media supplied by you to us shall be catalogued against the details of those previously provided by you.
5. Our obligations
5.1 In no event will we or our employees, agents, suppliers or service providers be liable for any loss, corruption, delay, inclusion, omission, shipment, incorrect delivery, non delivery, misinformation, other direct or indirect damages, or failure to provide Deliverables to the extent caused by or resulting from: (a) your acts, defaults or omissions; (b) your violation of any of these Terms, as amended from time to time; or (c) your failure to provide an accurate shipping address or other correct and accurate order information.
5.2 In the case of a claim concerning any non-delivery, incorrect delivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection at our request.
5.3 If we fail to properly provide the Services or to properly ship the Deliverables, we shall either refund or credit the charges you paid for the Services, subject to limitations described in these Terms.
6. Your status
By placing an order for our Services, you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least eighteen (18) years old; (c) you are resident in one of the Serviced Countries; and (d) you are requesting our Services from that country.
7. How the contract is formed between you and us
Your order constitutes an offer to us to purchase our Services. All orders are subject to acceptance by us and, where we wish to fulfil your order, we will confirm such acceptance to you by email (the “Confirmation”). The contract between us (the “Contract”) will only be formed when we send to you our Confirmation. The Contract will relate only to our Services as confirmed in the Confirmation. We will not be obliged to supply any aspect of our Services which may have been part of your order until such Services have has been confirmed in a separate Confirmation.
8. Our status
We may also provide links on our Site to the websites of other entities, whether affiliated with us or not. We do not give any undertaking that products or services you purchase from third party sellers to whose website(s) we have provided a link on our Site, will be of satisfactory quality, and any such warranties are disclaimed by us to the maximum extent permitted by law.
9. Consumer rights
If you are contracting as a consumer and your order is made and the Contract concluded exclusively by means of distance communication (such as via the Site or by telephone), you may cancel a Contract at any time within seven (7) working days, beginning on the day after you ordered our Services (the “Cooling-off Period”). In this case, you will receive a full refund of the price you have paid for our Services in accordance with our refunds policy (set out in Clause 13 below). To cancel a Contract, you must inform us in writing. You shall not have the right to cancel a Contract without charge for our Services: (a) if our Services have begun, with your understanding and/or agreement, within the Cooling off Period; or (b) after the Cooling-off Period.
10. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation, unless there are exceptional circumstances.
11. Risk and title
The Deliverables will be at your risk from the time of delivery. Ownership of the Deliverables will only pass to you when we receive full payment of all sums due in respect of our Services, including any delivery charges.
12. Price and payment
12.1 The price of our Services will be as quoted from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
12.2 It is always possible that, despite our best efforts, the Services on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price is less than our stated price, we will charge the lower amount when dispatching the Deliverables to you. If the correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Deliverables, or reject your order and notify you of such rejection. For the avoidance of doubt, we are under no obligation to provide our Services to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
12.3 Payment for our Service and the Deliverables must be by cash, cheque or Direct Funds Transfer on delivery of the Deliverables.
13. Our refunds policy
13.1 If you cancel the Contract between you and us within the Cooling-off Period, we will process the refund due to you as soon as possible and, in any case, within thirty [30] days of the day you have given notice of your cancellation. In this case, unless you have agreed that our Service shall commence prior to the end of the Cooling off Period, we will refund the price of our Services in full.
13.2 Deliverables returned by you because of a defect caused by us (and other than a defect caused by you) will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
13.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
14. Warranty and Liability
14.1 We warrant to you that we shall perform our Services with reasonable care and skill. Subject to the foregoing, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
14.2 This Clause 14 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) to you in respect of: (a) any breach of these Terms; (b) the provision of our Services; (c) any use made by you of our Services, the Deliverables or any part of them; and (d) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
14.3 We do not exclude or limit our liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would, under applicable law, be illegal for us to exclude, or attempt to exclude, our liability.
14.4 Subject to Clause 14.3(a): we shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the price paid by you to us for our Services in relation to the order the subject of your claim.
15. Intellectual Property Rights
15.1 If we receive any notice alleging, or if we reasonably suspect, that you have or will engage in behaviour that infringes any other party’s Intellectual Property Rights, we may terminate your order with immediate effect. If we terminate your order we shall have no liability or responsibility to you with respect to the provision of our Services.
15.2 You agree to indemnify, defend and hold us, our officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including, without limitation, legal fees) that arise directly or indirectly from: (a) your breach of any provision of these Terms; or (b) any allegation that any Media you provide, the provision of our Services using such Media or your use of the Deliverables infringe another party’s Intellectual Property Rights.
15.3 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, all other rights in the nature of copyright, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database rights and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, extensions or revivals of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Notices
All notices given by you to us must be given to Go Digital at info@godigi.ie. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in Clause 16 above. Notice will be deemed received and properly served twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18. Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of an Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of an Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by a Force Majeure Event. “Force Majeure Event” means, in relation to us, a circumstance beyond our control including, without limitation, lock-outs, strikes and other industrial disputes. Our performance under any Contract 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 endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20. Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 17 above.
21. Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into an Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
23. Our right to vary these Terms
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and Terms in force at the time that you order our Services from us, unless any change to those policies or these Terms is reasonably required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms before we send you the Confirmation, in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of our Services.
24. Law and jurisdiction
These Terms and any Contracts for the purchase of our Services, including through our Site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Ireland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Ireland. Please also note that you must comply with all applicable laws and regulations of the country for which the Deliverables are destined. We will not be liable for any breach by you of any such laws.