By visiting and utilizing DigiFlippers.com (hereinafter referred to as the “Website”), you consent to and agree to adhere to these Terms and Conditions, which also include our Disclaimer and Privacy Policy displayed on the website and hereby incorporated by reference.
The term “you” signifies anyone who accesses, visits, or engages with the website. The term “Business or Asset” pertains to the Listing showcased and transacted via the Website. DigiFlippers and its affiliates, workers, executives, directors, or representatives (collectively known as the “Consultant”) extend an exclusive right to sell listing service, encompassing the listing and management of websites for sale owned by third parties. Such a site is termed a represented website. DigiFlippers (“company”, “I”, “we”, or “us”) retains the authority to alter or revise these terms and conditions at any moment without prior notification at its sole discretion. By engaging with the website, you consent to any such changes. You bear the obligation to regularly review the website for any updates.
Persisting in the use of the website after any modifications to our Terms and Conditions implies your acknowledgment of those alterations and updates. If you do not concur with these Terms and Conditions, you must refrain from accessing or using the website.
The content and data on this website are designed for individuals aged 18 and above. The usage of this website by those under 18 years of age is strictly forbidden. We have not planned to extend our products or services to those residing in the European Union as detailed in the General Data Protection Regulation. Furthermore, we do not claim that the website’s information, including products and/or services, is applicable or suitable for use in other areas, especially in the European Union as defined in the General Data Protection Regulation.
PRIVACY POLICY
We hold the privacy of your personal details in high regard. Your agreement to our Privacy Policy is explicitly integrated into these Terms and Conditions. For more insights, please refer to our Privacy Policy.
DISCLAIMER
Your acknowledgment of our Disclaimer is directly incorporated into these Terms and Conditions. We urge you to examine the Disclaimer for a detailed understanding.
MANDATORY ARBITRATION AND GOVERNING LAW
You explicitly forgo any rights to pursue legal actions related to or arising from the website and our offerings, both now and in the future. If any disagreements, claims, or controversies emerge from your website usage, these terms and conditions will be interpreted according to the Province of British Columbia and Canada’s rules and regulations. You agree to abide by the jurisdiction of British Columbia’s state and federal courts, disregarding conflict of law principles or the locations of the disputing parties during a conflict. You commit to addressing any disagreements or claims through obligatory arbitration in British Columbia and will cover the entire arbitration cost as allowed by law. Prior to seeking other legal or equitable remedies like litigation, your sincere participation in arbitration is mandatory. Should a legal claim be raised post the necessary arbitration, the winning party is entitled to reasonable attorney’s fees and other associated legal costs.
INTELLECTUAL PROPERTY
The content on this website – encompassing but not limited to text, articles, logos, trademarks, graphics, files, resources, services, products, videos, sound, applications, computer coding, designs, downloads, and all other data (collectively termed “Content”) – is our proprietary property and is safeguarded by copyright, trademark, and other intellectual property and unfair competition regulations. You’re granted a restricted, revocable license to print or download Content for personal, non-commercial, informational, and educational purposes, ensuring no breach of intellectual property rights.
Copying, replicating, appropriating, altering, publicizing, displaying, distributing, storing, transmitting, post-processing, deriving secondary works, reverse engineering, selling, renting, or licensing any portion of the Content without our explicit written approval is strictly prohibited. You pledge to respect all copyright, trademark, and intellectual property rights, bearing sole responsibility for any breaches of these terms.
USER CONTENT AND RESPONSIBLE USE OF THE WEBSITE
Whenever you upload, display, post, transmit, send, email, or submit Content or information to DigiFlippers.com or on our associated social media platforms, you confirm that you either own that Content or have secured the requisite permissions from the intellectual property rights owner to share that Content with us. You grant DigiFlippers, its employees, successors, shareholders, partners, or any of our affiliates, a royalty-free, perpetual, irrevocable, global, non-exclusive license to recognize you and to use, modify, reproduce, display, distribute, and edit any Content you provide on our website and our social media channels for any given purpose. You are solely responsible for any damages arising from potential infringements of copyrights, trademarks, or other proprietary rights linked to the Content you share.
You commit not to provide on DigiFlippers.com or our associated social media platforms any Content or information that is (a) illegal or infringes upon others’ rights, (b) defamatory, abusive, obscene, or malicious, (c) promotes or endorses illegal activities, (d) contains harmful software or any detrimental information, (e) attempts unauthorized access or breaches of the website’s security, and (f) is unsolicited, unauthorized, or disrupts the smooth functioning of the website. By engaging with DigiFlippers.com, you pledge to abide by all lawful protocols and will be held accountable for damages stemming from any violations of these Terms and Conditions.
LISTING AGREEMENT
DigiFlippers provides an exclusive right-to-sell listing service, facilitating the listing and management of websites up for sale by third parties. We serve as a conduit between buyers and sellers, but we make no assurances regarding the content or authenticity of the listed website. Services extended by the DigiFlippers Consultant include:
- Listing the website on DigiFlippers.com.
- Active promotion of the given listing.
- Supplying legal contracts bridging buyers and sellers.
- Handling inquiries from prospective buyers.
- Offering support in negotiations between the parties involved.
- Monitoring the Escrow account to ensure punctual transactions.
- Assisting in the smooth transfer of files between buyer and seller.
DigiFlippers isn’t an Escrow service and doesn’t directly oversee the financial dealings related to the sale of a listed website. Instead, DigiFlippers facilitates an Escrow account to ensure secure financial exchanges between buyers and sellers. Sellers are responsible for all Escrow-related fees, which can be gauged at the Escrow website provided.
DigiFlippers operates independently and doesn’t dispense financial, legal, tax, or investment advice. Users should not perceive DigiFlippers as a financial consultancy.
EXCLUSIVITY
DigiFlippers proudly offers an exclusive listing service for the online sale of digital assets. By choosing to list with us, Sellers commit to an exclusive agreement. This means that the Business or Asset on sale will be promoted exclusively through DigiFlippers. From the moment your listing goes live on the DigiFlippers Platform until 60 days post its deactivation, you vow not to use any other platform, marketplace, or service, including brokers, to promote or sell the Business or Asset without explicit written permission from DigiFlippers. If we find any breach of this clause, Sellers should be aware that DigiFlippers reserves the right to immediately suspend their Listing and may pursue legal actions to recover the Success Fee. If Sellers violate this agreement by listing or selling the digital asset through another platform or third party without official cancellation of our agreement, a fee of $600 USD will be levied for contract breach. Additionally, DigiFlippers may take further legal action to recover its Success Fee.
SUCCESS FEE
Sellers listing on DigiFlippers.com agree to an upfront, non-refundable listing fee to feature their asset on our platform. Upon a successful sale, Sellers also agree to pay DigiFlippers a Success Fee, structured as follows:
Success Fees:
- Flat 10% success fee
TERMS FOR BUYERS
Buyers engaging with DigiFlippers should be aware of the following terms:
- All inquiries and discussions about a listed Business or Asset must exclusively go through DigiFlippers.
- Offers for purchase must only be made through the DigiFlippers Platform.
- Direct contact or off-platform offers to Sellers are strictly prohibited.
- Buyers bear the sole responsibility for their due diligence, relying on personal research and advisors when making purchase decisions.
- Although DigiFlippers provides descriptive listings, Buyers must understand that this may be a summarized portrayal.
- All payments for a Business or Asset must be made within the DigiFlippers Platform. Any external payments: (a) breach our terms; (b) are solely the Buyer’s responsibility and risk; (c) indemnify DigiFlippers from any payment-related liabilities.
If any circumvention attempts are detected or if the buyer interferes with DigiFlippers’ right to a Success Fee, they will be held accountable for the full amount of such fees and other damages, inclusive of legal costs.
DIGIFLIPPERS.COM USER ACCOUNT
Users are welcome to set up a user account on DigiFlippers.com. This account provides access to a buyer profile, enabling you to bookmark your favorite listings and streamline your searches. By establishing an account, you agree to receive notifications, listing updates, and promotional content through the DigiFlippers email newsletter. If desired, users can easily unsubscribe from this newsletter. DigiFlippers reserves the right to modify, terminate, or suspend any user account for any reason at its discretion.
USER SUBMISSIONS
To provide potential buyers with a comprehensive overview, Sellers are prompted to share detailed information about their digital Business or Asset. This includes, but isn’t restricted to, a thorough business description, past and present financial details, Google Analytics data, and relevant visuals of the website and associated social media accounts, collectively referred to as “User Submissions.” Sellers are tasked with ensuring this information remains current. By sharing User Submissions with DigiFlippers, Sellers grant us a non-exclusive, worldwide, continuous, irrevocable, royalty-free license to all associated Intellectual Property Rights. This extends to any form of use, alteration, or distribution. The essence of this clause is to permit DigiFlippers to promote the Listing using images, content, or trademarks, without claiming ownership of the actual business, content, or trademark.
LISTING PRICE
The onus is on the Seller to determine the “Listing Price.” For guidance, DigiFlippers offers an indicative valuation. However, Sellers should recognize that this is an approximation, formulated using a mathematical model based on accessible data. It doesn’t factor in specific attributes or prevailing market conditions that could influence the actual worth and appeal of the digital asset.
SALES AGREEMENT
As a value-add, DigiFlippers provides sample contract templates that both Buyers and Sellers can utilize for their transactions. While DigiFlippers facilitates the platform, we are not actively involved in any transaction and do not bear responsibility for any contractual compliance or actions taken by the involved parties.
Sellers should utilize DigiFlippers’ templates with discernment. It’s essential to understand that DigiFlippers hasn’t extended any legal or financial counsel concerning these templates. Furthermore, there’s no assurance that these generic templates cater to the unique intricacies of every digital asset sale or purchase. It’s in the best interest of both Sellers and Buyers to seek independent legal advice when considering these contracts.
Interactions, including email correspondence with any DigiFlippers representative, are fundamentally for informational and/or negotiation purposes. Such exchanges cannot establish or modify a pre-existing agreement.
EXTERNAL LINKS
DigiFlippers.com may include links to external websites or resources for your benefit and ease of use. While we might be affiliated with some of these external sites by promoting or advertising their offerings on our site, it’s essential to note that we don’t have control over these external entities. When you choose to click on a link that leads you away from DigiFlippers.com, our terms and conditions no longer apply.
It’s your responsibility to understand that we can’t vouch for the accuracy or content of third-party websites. Engaging with these sites is at your own risk. Any interaction or transaction between you and these external websites is strictly between you and the third-party. DigiFlippers.com will not be responsible for any harm or loss arising from your dealings with these external sites.
WEBSITE ACCESS TERMINATION
For site visitors: DigiFlippers.com has the right to limit, restrict, or terminate your access to our site and its content, either partially or entirely, at our discretion and without prior notice.
For clients: Either DigiFlippers.com or Sellers can conclude a Listing Agreement at any given time by sending written notice to the other party. Even after the termination, Sellers are liable for any fees and commissions during the listing’s active period and for 60 days post-termination.
NO REFUND POLICY
Every sale of products and/or services on DigiFlippers.com is final. We won’t issue any refunds. We believe in providing exceptional value, and our services and products are priced affordably while maintaining quality.
DISCLAIMERS
All content, products, services, and information on DigiFlippers.com are provided without any warranties, either explicit or implied. The company neither guarantees that the website will meet your expectations nor that the information will be complete or error-free. All implied warranties, including those of merchantability or fitness for a particular purpose, are disclaimed.
LIMITATIONS OF LIABILITY
By using DigiFlippers.com, you accept that under no circumstances will we, our employees, partners, or any associated entities be responsible for any damages, whether direct or indirect, that result from your use of this website and its content. This includes, but isn’t limited to, errors on the site, delays or denials of products or services, any system failures, or any financial losses incurred through the use of our website.
You acknowledge that your use of DigiFlippers.com is at your discretion and risk. You are exclusively responsible for your actions, the accuracy of your data, and all outcomes related to your use of this site. Furthermore, you understand that any unauthorized access to your data, despite our best efforts to prevent it, or any issues arising from third-party sites, are not our responsibility.
This liability limitation applies to all claims, whether under the law, in tort, or any other legal theory, and extends to all our officers, employees, and partners. We make no assurances about the content on this site, and you understand that no specific results are guaranteed.
INDEMNIFICATION
You agree to indemnify and shield DigiFlippers and/or its directors, workers, successors, shareholders, partners, and other affiliates from all liabilities, claims, losses, damages, or demands, inclusive of legal fees (“Liabilities”) levied against or otherwise incurred by you stemming from: (a) actions or inactions, whether due to negligence or other causes, by you or your representatives; (b) all interactions and use of our site, including procuring services and products; (c) any breach of regulations, laws, or ordinances by you; (d) any breach of this site’s terms by you or someone affiliated to you; and (e) any violation by you or a user of your account concerning intellectual property or other third-party rights. DigiFlippers will timely inform you of such claims and reserves the right to manage such claims at your expense. You are expected to cooperate and assist us if required, without additional charges, to defend such claims.
ENTIRE AGREEMENT
These Terms, combined with our Privacy Policy and Disclaimer, encapsulate the full agreement between you and DigiFlippers regarding this site. It replaces all preceding electronic, oral, or written communications, discussions, or agreements between you and us.
A print version of this full agreement, including the Privacy Policy and Disclaimer, shall be admissible in legal or administrative proceedings concerning this website, comparable to other printed business records and documents.
SEVERABILITY
Should any clause in these Terms and Conditions be determined as unenforceable or invalid by a competent legal or administrative body, such clause will be considered omitted from this Agreement. The remaining clauses of this Agreement shall continue in full effect. If required, modifications will be made to ensure that the remaining provisions remain enforceable.
The disclosure policy can be updated at any time without prior notice, with the last update being on December 20, 2022.
CONTACT
For queries, kindly reach out to us at support[at] DigiFlippers [dot] com.