Digitize Elite Terms of Service
KINDLY READ CAREFULLY THROUGH THESE TERMS OF SERVICE BEFORE USING THE WEBSITE, SERVICES OR ANY OF OUR MATERIAL.
Us
Digitize Elite welcomes you to access and use our website.
You
“You” may refer to a visitor or a user of our website, a user of our services, or in applicable cases, both.
Website
Accessing, browsing and any use of our website shows that you have found, read, clearly understood and voluntarily agree to be legally bound by every clause in these terms of service, the earnings disclaimer and privacy policy. These terms might change from time to time as management sees it fit without notice to you. You should not use our website if you do not agree with our terms of service, the earnings disclaimer and privacy policy. Additionally, you will also be subject to our guidelines, agreements, terms and conditions applicable to any future Digitize Elite services that you use.
Services
Digitize Elite delivers digital marketing as well as educational services (that include, but are not only limited to Paid Traffic Advertising, Search Engine Optimization, Lead Acquisition and Processing, Conversion Rate Optimization and overall beneficial marketing advice) and such other relevant services that are in line with the delivery of our business’ objectives.
Intended Purpose
The website is designed to enable optimal access to our services, deliver generally educative information of the topic of digital marketing and still avail to you necessary resources geared towards complimenting the information provided as intended purpose.
Restrictions
Digitize Elite’s website and services are strictly reserved for individuals aged 18 years and older. If you are under the age of discretion in your jurisdiction, you ought to review these terms of service with your parent or guardian to ensure that both you and your parent or guardian understand and consent to these terms.
Accuracy of Content
Digitize Elite endeavors to ensure that all the content on this website is both up-to-date and accurate, but does not guarantee or represent that the content on this website or any linked websites is current, reliable, accurate, suitable, complete or available. It is your individual responsibility to evaluate, assess and then verify the currency, reliability, accuracy and completeness of any information and viability for your particular situation before relying on it.
Advice
Any of the information provided to you on this website, linked websites or through our services is general in nature and does not constitute professional legal, investment, financial, accounting, psychological, tax, medical, real estate or other professional advice. It is neither tailored to you, does it take into account your individual situation nor does it verify the accuracy or truthfulness of what you tell us about yourself or business, and ought not to be acted upon without a solid understanding of your current situation, as well as your future goals and objectives. You are solely responsible for determining whether the information we provide suits your needs. We do not give legal or guarantee results. Neither are we responsible for compliance within your industry. Digitize Elite absolutely accepts no liability for any damage or loss whatsoever stemming from the use of our services or website or the reliance of the content of the services or the website. It is up to you to do your due diligence before acting upon either. Kindly review our Earnings Disclaimer as well.
Viruses and Website Availability
Kindly note that you access this website at your own risk. Digitize Elite endeavors to keep the site properly functioning and available at all times. Nevertheless, there could arise the possibility of delayed or interrupted access to this website or that your website might become exposed to malware, viruses, interception or other kinds of interruptions. Digitize Elite insists that it’s best you use up-to-date security software and antivirus that is appropriate for your device to avoid exposure to any damaging interference as a result of communication between your device and this website. Digitize Elite accepts no responsibility for any damage or loss incurred on your device arising from your access and use of our website or other linked website.
Lawful and Permissible Use of Website
It is your responsibility to ensure that you keep your access and use of this website lawful and that you do not infringe on any property rights. You must ensure that you do not take any action that might overburden, damage or interfere with this website, or any other person’s access and use of this website. You must not use any form of data tools or robots to systematically and/or automatically collect data from, or related to this website. Digitize Elite takes no responsibility for any unauthorized use, access or other action. All rights are reserved entirely related to unauthorized or unlawful access or use of this website.
Links to Other Businesses
In the event where this website contains links to other websites, Digitize Elite does not control the linked websites and is not responsible, in any way for their content. The links do not express approval of the websites’ content or related persons, products, organizations or services. Digitize Elite does not guarantee that these links will always work and hold no control on whether their availability. Digitize Elite does not guarantee that the information on any outer website is reliable or free from defects, viruses, malware, or infringements of intellectual property rights. Digitize Elite does not authorize any intellectual property rights infringements by providing these links.
Intellectual Property
The content on this website and any other third party website used to host any of our website material such as widgets, logos, audios, artwork, images, video clips, text and graphics, software, digital downloads, and data complications, is the property of Digitize Elite, or the property of our licensees or licensors, and the anthology of our content (including all authorized third party websites and platforms used to host the content) is exclusively the property of Digitize Elite and is protected by Kenyan and international copyright laws, treaties and conventions. All software and pieces of code used on the website is Digitize Elite’s property or the property of the respective supplier and is protected by every applicable copyright law, treaty and convention.
Any and all service marks, logos, trademarks, graphics, service marks, page headers, trade names, icons and scripts (each considered as a “Mark”) contained within the website are proprietary to Digitize Elite or Digitize Elite’s licensors or licensees. Digitize Elite grants no permission to any individual or entity to use any of these marks attachment to any service or product bot belonging to Digitize Elite in any way likely to cause ambiguity and/or confusion among users or that discredits or disparages Digitize Elite or any other individual or entity. Any marks not owned by Digitize Elite, but appearing on this website are the property of their rightful owners, who could or could not be connected to, affiliated with or sponsored by Digitize Elite.
It is permitted that you print or download any parts within the contents within this website for non-commercial, but only personal use, provided that you do avoid removing or changing the copyright notices.
Before you link to this website, kindly ask us thought the contact channel provided.
Digitize Elite has obtained the relevant copyright permissions (where known) from respective copyright holders to use party material. If you are of the opinion that any information on this website infringes your copyright or another party’s copyright, please contact using the contact channel provided. Any and all the information that you post on or send to this website will not be treated as confidential or proprietary. You grant Digitize Elite non-revocable, royalty-free, worldwide, perpetual, transferable, non-exclusive right to use the material for any purpose we deem fit.
Changes to Terms
Periodically, Digitize Elite may modify these terms, or any part therein. That may include the deletion or addition of some terms at any time. The modifications will be posted here and will become active immediately they are posted. These modifications shall be done without any notification on your part. Your access and use of our services and website after the posting of such modification shall be deemed as agreement from you of any and all modification including, but not limited t the deletion or addition of the Terms.
Changes to Website and Termination
Digitize Elite may discontinue or change any aspect, service or feature of the website at any time, including, but not limited to availability, content and equipment or requirements needed for access or use without notice to you.in addition, Digitize Elite reserves the right, at our sole discretion, to suspend, restrict or terminate without liability and without prior notice to you, these Terms, and your access any or all parts of our services or website for any reason we find fi and at any time.
Compliance with Applicable Laws
The services and website are based in Kenya.
Digitize Elite makes no claims that services and website, or components related to the services, may be accessed, viewed, downloaded, or be suitable for use outside of Kenya. Accessing the services or website outside Kenya affirms that you agree to do so at your own risk. Your location notwithstanding, you agree that you are completely and solely responsible for ensuring that you comply with all the applicable laws of your particular jurisdiction. The laws of Kenya apply to these terms and the parties submit to the jurisdiction of the courts of Kenya.
Feedback and Submissions
Unless stated expressly herein, any information you submit on this website shall be deemed non-proprietary and non-confidential. You expressly confirm that you have all lawful rights to submit such information. You also agree that you won’t submit any information that you are not legally entitled to provide always also in a manner that could not damage our business reputation or interests (including that you will desist from submitting any information that might or will disparage or defame us, or to bully, harass or unlawfully discriminate against any staff or third party; or to make false and/or misleading statements).
You hereby assign and grant Digitize Elite a non-revocable, royalty-free, worldwide, perpetual, transferable, sub licensable, non-exclusive right, interest and title to use and incorporate into our website (or any other use), any enhancement request, suggestion, recommendation, correction or other feedback you provide related to your use of our website and other material. Digitize Elite will not be held in obligation to credit you based on such feedback or hold such feedback in confidentiality.
Any and all ideas provided to us outside a pre-existent written confidential business relationship do not constitute confidential information. As such, we may therefore use, develop and freely publish or disclose such ideas without having to attribute to you or compensate you in any manner. Submitting any ideas or other detailed submission to us through this website confirms that you agree to be bound by these Terms.
Registration
You might get the chance to register through an online registration form to either book a consultation (“Diagnostics Session”) with us, or to download a piece of informational report (“Free Report”) from us. We will only use your information according to our stipulations on our Policy. Upon registering, you confirm that all the information is accurate, current and complete to the best of your knowledge. It is your responsibility to obtain and maintain all computer software, hardware, connectivity and other equipment needed for access and use of the website, and all related charges to the same.
Diagnostics Session and Free Report
Booking a diagnostics session with us or downloading our free reports, you reinforce that you read, understood and agree to these terms of Service. Digitize Elite will use your information in accordance to our Privacy Policy and Intended Purpose. Downloading a free report(s) or booking a diagnostic session affirms and warrants that all the information you provide is accurate, current and complete to the best of your knowledge. It is your responsibility to obtain and maintain all computer software, hardware, connectivity and other equipment needed for access and use of the diagnostics session, and all related charges to the same.
No Guarantee of Results
YOU EXPRESSLY AGREE THAT ANY INABILITY TO USE THE WEBSITE OR SERVICES ON YOUR PART IS AT YOUR OWN RISK!
With exclusion of Performance Guarantee(s) outlined in the applicable terms and conditions once you hire us, understand, accept and agree that you are entirely responsible for managing both your business and its sales process. Digitize Elite does not offer any verbal or written warranties, representations or guarantees audience growth, marketing performance, earnings, business profit or results of any kind. You are entirely liable for your own actions and their consequences both in business and in life, as both are dependent on factors that are uniquely personal to you, including, but not limited to business prowess, dedication, skill, knowledge, personal financial condition and ability.
You understand, accept and agree that any reviews, endorsements and testimonials provided by Digitize Elite’s audience or customers that are represented through our advertisements, website, services, marketing materials or any other channel of communication have not been empirically reviewed and analyzed by our team and that results experienced by an individual may and will usually vary significantly, based on several factors. Any and all statements featured in our advertisements, website, services, marketing materials or any other channel of communication are only opinions and hence are not promises or guarantees of actual performance.
Disclaimer
This website and the contents therein are provided on “AS IS” basis and Digitize makes no warrantee or representation of any kind in respect to the website, services or sites accessible through this website. We absolutely disclaim any and all express or implied warranties including, but not limited to, the implied warranties of merchantability, suitability for a specific purpose, non-infringement or title. Under no circumstance shall we, or our employees, agents, consultants, directors, shareholders and other representatives be held liable by any party direct, indirect, special, incidental, consequential, exemplary or other damages (including, but not limited to business interruptions, lost profits, loss of data or programs) with disregard to the form of action and whether in tort, contract, strict liability, negligence, or otherwise, arising out of, or in connection with this website, displaying, or any copying, or any service linked to, or use thereof. The limitations herein will effectively apply even if a solution fails of its essential purpose. This provision is not intended to exclude liability that we may not exclude under applicable law.
Indemnity
You irrevocably and unconditionally indemnify hold Digitize Elite indemnified and keep us, our employees, agents, consultants, directors, shareholders and other representatives harmless against any and all loss, action, demand, claim, cost or liability (including legal cost on a client and solicitor basis), whether arising under tort, contract, or a statute (including by a third party) that results or arises from, or is connected in any way to our services and website, including the sale of any service or product through your website.
Exclusion of Liability
You may have rights under the consumer protection legislation that applies to you, like the Article 46 of the Constitution of Kenya (Consumer Protection Act, 2012) which cannot be limited, modified or excluded by these terms.
To the full extent permissible by law, Digitize Elite, its employees, agents, consultants, directors, shareholders and other representatives:
- exclude liability for any loss, however caused, (including by negligence), relating to, or arising directly or indirectly from accessing, using or relying on any content on this website, and/or from any inability to use the content, any delay in accessing this website or any inability to access this website; and
- exclude liability (including any liability for negligence) for any unreliability, inaccuracy, incompleteness, lack of currency, unavailability, and/or unsuitability of the content.
This exclusion of liability includes, but is not limited to direct loss, consequential or indirect loss, compensatory damages, corruption of data, loss of data, loss of programs, loss of use, loss of profit, loss of profit, loss of anticipated savings, loss of reputation, loss of financial opportunity, loss of business, damage to property, third party claims or loss of property.
Severability
In the unlikely event that any of these terms goes against any laws applicable to its jurisdiction is consequently invalid, illegal or unenforceable in that jurisdiction, then:
- if the offending term can be read down in order to provide valid and enforceable operation of a partial nature, it must be read down to the necessary extent required to achieve the result; and
- in any other circumstance, the term must be severed from the other terms for that jurisdiction, in which event, the rest of the terms function independent of the severed term, as though it never existed in the first place.
Jurisdiction
The laws of Kenya govern these Terms of Service and our Privacy Policy and that each party submits to the executive jurisdiction of the courts of Kenya.
Arbitration Clause
Any claim, controversy or dispute arising out of, relating to or in connection with these terms, regarding any question regarding its validity, existence or contravention of, shall be resolved in arbitration in accordance to the Nairobi Centre for International Arbitration (NCIA) arbitration rules. The arbitration seat shall be in Nairobi, Kenya and the arbitration shall be conducted in the English language. The arbitrators shall be either one or three.
Miscellaneous
In the event that we fail to enforce your unyielding performance of any of the clauses in these Terms, it will not result in a waiver of our right to thereafter enforce such provisions or any other provisions of these Terms. If any part of these Terms is indeed, invalid, void and unenforceable, it ought to be read down or consequently severed to the necessary extent without affecting the level of validity or enforceability of the remaining provisions.
Contacting Us
In case you have any queries on the practices of this website, our Terms of Service or our dealings with this website, please contact us via:
Phone Number: +254796738561
Email: contact@digitizeelite.com
Kindly review our Privacy Policy, our Terms of Purchase and Refund Policy and our Earnings Disclaimer.
Ensure you periodically return these Terms of Service Policy to review the latest version. Digitize Elite reserves the right, at our sole discretion, at any time, to change or modify these Terms without prior notice; however, we shall indicate the date of any changes or modifications to these Terms at the bottom of this page. Your perpetual access and use of this website will signify your acceptance of the amended Terms.
The Terms of Service Policy was last updated on 19th June 2023.
