The digi.me End User Terms form a legally binding contract between you and digi.me in relation to your use of the digi.me End User Services.
By downloading and using the digi.me application you agree to the digi.me End User Terms in relation to your use of the digi.me End User Services. (Nothing in the digi.me End User Terms affects your statutory rights.)
Part A: Definitions
1.1 In the digi.me End User Terms the following words and phrases have the stated meaning:
App Licence means Part B of the digi.me End User Terms and the licence granted under Part B.
Brand App means any application developed by or on behalf of a Brand which interacts with the digi.me App.
Brand means any person, business or organisation which has registered for the digi.me Business Services at Partners
Brand Privacy Policy means the general privacy policy of a Brand made available to you via the Brand App.
Consent Request means a request by a Brand from a Brand App to the digi.me App for contractual consent from you to form a Consent Contract and allow the Brand to access your User Data on the terms set out in the request (which will include the Data Description, the Data Purposes, the Retained Data and Retained Period, the Shared Data, as well as the User Benefit the Brand is offering to provide and whether or not the Brand has turned on the Forget Me Function).
Consent Access System or CAS means the system which enables you to give consent to a Brand to access your User Data directly from your User Storage via a Brand App as described in the User Guide.
Consent Contract means a contract between you and a Brand under which you have accepted a Consent Request and consented to releasing the Released Data to the Brand on the basis outlined in the Consent Request.
Consent Receipt means a receipt in the digi.me App acknowledging that you have accepted a Consent Request and have formed a Consent Contract.
Contract Database means the database maintained by digi.me of all Consent Requests and ongoing and historical Consent Contracts.
Dashboard means the area in the digi.me App which lists your ongoing and historical Consent Contracts.
Data Description means the description by the Brand of the personal data being requested from you.
Data Purpose means the description by the Brand of the purpose(s) for which it will use the Released Data.
Data Sources means the data sources which can be synced to your User Storage using the digi.me App as described in the User Guide.
Digi.me App means the digi.me app for end users available at Get started.
Digi.me End User Services means the services provided by the digi.me App as described in the User Guide.
Digi.me End User Terms means together, all parts of these terms and conditions.
Digi.me means World Data Exchange Enterprises Pty Ltd whose registered office is at 8/25 Wicks St Perth WA 6053.
Digi.me Privacy Policy means the general privacy policy of digi.me available at Privacy Policy.
Digi.me Site means the website at https://digi.me/.
Forget Me Function means the function in the digi.me App which allows you to send Forget Me Instructions.
Forget Me Instruction means your instruction from the digi.me App to the Brand to formally withdraw your consent to the use of the Retained Data and require the Brand to erase the Retained Data for that Consent Contract.
General Terms means part D of the digi.me End User Terms.
Intellectual Property Rights means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
Licence Period means the period from when you click “I accept” until the earlier of (a) you deleting the digi.me App, or (b) the digi.me End User Services terminating in accordance with the digi.me End User Terms.
Ongoing Consent Contract means an ongoing Consent Contract as identified in the Dashboard.
Released Data means that part of your User Data which you have consented to be released to a Brand under a Consent Contract as described in the Consent Contract.
Retained Data means the description by the Brand of which part of the Released Data it is going to keep and use again.
Retained Period means the description by the Brand of how long it is going to keep the Retained Data.
Right To Be Forgotten means (if applicable to a User under their local law) the right of a User to request the erasure of personal data relating to the User (unless there is legal reason to keep it).
Shared Data means the description by the Brand of which Released Data it is going to share with third parties, including with whom and for what purposes.
User Benefit means the description by the Brand of the benefit (convenience, service or reward) it is going to provide to you in return for you releasing the Released Data.
User Credentials means information such as username, password and other information that may be provided by you to digi.me on registration.
User Data means the collection of photos, text and other information downloaded, stored, accessed and/or released by you on your User Storage using the functionality of the digi.me App [or a Brand App].
User Device means any computer or device onto which the digi.me App has been installed by you.
User Guide means the user guide for the digi.me App at https://digi.me/support.
User Storage means the service or device upon which you store your User Data.
User Storage Provider means the provider of User Storage.
you and your means the person who has registered to use the digi.me End User Services under paragraph 20.1.
2.1 The terms personal data, data controller, data processor and processing each have the meaning given in the General Data Protection Regulation (EU 2016/679).
2.2 The interpretation of general words shall not be restricted by words indicating a particular class or particular examples.
Part B: Digi.me App Licence
3. Digi.me app and the protection of personal data
You acknowledge that digi.me will never see, touch or hold your User Data. Your User Data is stored on your User Storage, so please choose your User Storage Provider carefully.
4.1 You acknowledge that you are aware of the nature of the digi.me App, as described below.
4.2 The digi.me App allows you to do the following as set out in the User Guide:
(a) select the Data Sources from which you would like to synchronise data into your User Storage; and
(b) receive Consent Requests from Brands for access to your User Data on the basis of Consent Contracts outlining:
(i) Data Description;
(ii) Data Purposes;
(iii) Retained Data and Retained Period;
(iv) Shared Data;
(v) Forget Me Function setting;
(vi) User Benefit; and
(c) on the basis of Consent Contracts which you have expressly agreed to, share Released Data with Brands.
5.1 To use the digi.me App, you must first agree to the digi.me App Licence. You may not use the digi.me App if you do not accept the digi.me App Licence.
5.2 You may not use the digi.me App and may not accept the digi.me App Licence if you are a person, business or organisation prohibited from receiving the digi.me App under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the digi.me App.
5.3 If you are agreeing to be bound by the digi.me App Licence on behalf of your employer or any other person, business or organisation, you confirm that you have full legal authority to do so and that such employer, business or organisation will be bound by the digi.me App Licence.
6.1 Subject to your compliance with the digi.me End User Terms, digi.me grants you a limited, personal, worldwide, royalty-free, non-exclusive, and non-sub-licensable licence to use the digi.me App as detailed in the User Guide. Your licence begins when you click “I accept” and continues for the Licence Period.
6.2 You may install and use the digi.me App on a reasonable number of User Devices to make use of the digi.me End User Services and as described in the User Guide. You agree that the digi.me App is designed for consumer end-user use and is not designed for commercial use. Therefore, your use of the digi.me App is subject to any fair use restrictions determined by digi.me from time to time and contained in the User Guide (for example, restrictions on the number of devices and computers which can point to a single User Storage location). If you wish to use a full commercial version of the digi.me App, please contact digi.me to discuss the options available to you.
6.3 You agree that digi.me or third parties own all legal right, title and interest in and to the digi.me App, including any Intellectual Property Rights that subsist in the digi.me App. digi.me reserves all rights not expressly granted to you.
6.4 You may not use the digi.me App for any purpose not expressly permitted by the digi.me App Licence. Except to the extent required by applicable third party licences, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the digi.me App or any component of the digi.me App. You may not use any work around to seek to circumvent any technical limitations in the digi.me App. You may not sell, rent, lease, distribute, or act as an intermediary provider of the digi.me App or grant any third parties any rights in the digi.me App or any components of it.
6.5 Use of any components of the digi.me App licensed under an open source software licence are governed solely by the terms of that open source software licence and not the digi.me App Licence. You are not licensed to, and you agree that you will not, combine any non-open source component of the digi.me App with any software licensed under the GNU General Public Licence, the GNU Lesser General Public Licence, or any other open source licence terms such that it that could require the release in source code form of non-open source components of the digi.me App. Please see the full list of open source acknowledgements accompanying each product.
6.6 Nothing in this digi.me App Licence gives you a right to use any of digi.me’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
6.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in the digi.me App.
6.8 Digi.me agrees that it obtains no right, title, or interest from you (or your licensors) under the digi.me App Licence in and to any User Data, including all Intellectual Property Rights that subsist in User Data.
You may not use the digi.me App for any unlawful way, including the following:
(a) storing or sharing any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; or
(b) storing or sharing electronic copies of materials protected by copyright without the permission of the owner.
8.1 The digi.me App allows you to choose which Data Sources your place in your User Storage as explained in the User Guide.
8.2 If you do not have a current version of the digi.me App, the digi.me App may no longer synchronise your Data Sources with your User Storage.
8.3 Subject to sections 11 and 27, you can continue to use previous versions of the digi.me App to access User Data in User Storage which has been synchronised before your version became outdated. You agree that over time, when a version of the digi.me App becomes substantially outdated, access to User Data may become affected or no longer function. Digi.me therefore encourages you to ensure you are always using the most up to date version of the digi.me App.
9.1 You acknowledge that the digi.me App may change from time to time.
9.2 The digi.me App Licence includes all updates to the digi.me App during a Licence Period.
9.3 Digi.me will use commercially reasonable efforts to update you of any material changes to the digi.me App by posting an update on the digi.me Site.
9.4 If digi.me updates the digi.me App, you agree to update your installed digi.me Apps promptly (and agree that if you do not, your installed version of the digi.me App may stop functioning properly).
9.5 You agree that digi.me may stop (permanently or temporarily) making available the digi.me App (or any components of it) to you or to end users generally, at digi.me’s sole discretion, without prior notice to you.
10.1 Digi.me will use reasonable endeavours to provide technical or other support for the digi.me App and to provide reasonable availability of digi.me’s services. Any support which digi.me provides will be limited to the then current release of the digi.me App and the release before that as determined by digi.me.
10.2 If digi.me chooses to provide any technical or other support to you, you agree that with respect to any technical or other information (but not User Data) that you provide to digi.me, digi.me has an unrestricted right to use such information for its business purposes, including for support and development.
11.1 The digi.me App Licence will continue to apply until terminated by either you or digi.me as set out in the digi.me End User Terms.
11.2 If you want to terminate the digi.me App Licence, you can do so by deleting the digi.me App and stopping using your User Credentials.
12.1 Digi.me may make changes to the terms of the digi.me App Licence and notify you by placing a notice on the digi.me Site.
12.2 If you do not agree to changes to the digi.me App Licence terms, you must stop using the digi.me App. If you continue to use the digi.me App after the date the change comes into effect, you will be deemed to have accepted the new version of the digi.me App Licence.
Part C: Digi.me consent contract terms
13. Consent contracts and the protection of personal data
You acknowledge that the digi.me App allows Brand Apps to collect personal data directly from you, on the basis of the terms in a Consent Contract. If you do not want to share your personal data with Brands, you should not agree to Consent Requests.
4.1 Once you have installed the digi.me App, you can receive Consent Requests from Brands, as set out in the User Guide.
14.2 In order to offer you Consent Requests, digi.me requires Brands to sign up to the digi.me Business Terms, available at Partner terms. The digi.me Business Terms contain terms and conditions for your benefit requiring the Brand to comply with applicable laws, including those relating to the protection of your personal data.
15.1 You accept a Consent Request only when you click “[I CONSENT]”. Please take the time to read the Consent Request before you click!
15.2 The display to you of a Consent Request constitutes an offer from the Brand to you to access your User Data on the basis outlined in the Consent Request.
15.3 Your obligation to provide Released Data only arises upon acceptance by you of the Consent Request to form a Consent Contract.
15.4 There is no acceptance of the Consent Request until you indicate your acceptance by clicking “I CONSENT”. Your acceptance is sent to digi.me who will issue you with a Consent Receipt. At the point digi.me transmits the Consent Receipt to you, a Consent Contract shall come into existence between you and the Brand. Unless terminated early under the digi.me End User Terms, each Consent Contract shall automatically end upon completion of delivery of all Released Data and the User Benefit associated with it. You can see a list of all your ongoing and historical Consent Contracts (including their Consent Receipts) at any time by using the Dashboard.
16.1 Each time you enter a Consent Contract, the digi.me App will send a request to your User Storage to release the Released Data directly to the Brand App.
16.2 The digi.me App is a piece of software that is installed locally on your User Device which allows you to disclose Released Data directly from your chosen User Storage to the Brand App. Therefore, you acknowledge that:
(a) the digi.me App allows you alone, not digi.me, to control your own User Data;
(b) Digi.me does not see, touch or hold your User Data and is not a data controller of any of your User Data; and
(c) Digi.me undertakes no processing of, and is not a data processor of, any of your User Data.
17.1 If the Consent Contract contains a User Benefit, digi.me confirms that the Brand is required to deliver the User Benefit to you under the digi.me Business Terms as soon as practicable following release of the Released Data.
17.2 You acknowledge and agree that digi.me is not part of the Consent Contract between you and the Brand and is not responsible to you if the Brand does not deliver a User Benefit.
18.1 You can stop an Ongoing Consent Contract at any time by switching it off using the Dashboard.
18.2 If you switch an Ongoing Consent Contact off, you agree that this may affect any corresponding User Benefit you are receiving. Digi.me is not responsible for any knock-on effects should you choose to end an Ongoing Contract early.
18.3 If a Brand ends its Consent Contracts, any Ongoing Consent Contracts with that Brand will automatically come to an end. You can see which Consent Contracts have ended on your Dashboard. Just like when you end an Ongoing Consent Contract, if a Brand ends an Ongoing Consent Contract, there may be knock-on effects. Again, digi.me is not responsible for these and you should contact the Brand directly if you believe the Brand has not provided the User Benefit.
19.1 For each Consent Contract where the Forget Me Function is switched on, the Forget Me Function allows you to send a Forget Me Instruction. When you send a Forget Me Instruction this is sent from the digi.me App directly to the Brand. Even if you issue a Forget Me Instruction, there may be some data which the Brand needs to keep, for example, because the law requires it to.
19.2 You will still be able to use the Forget Me Function even after the Consent Contract has ended provided the Brand is still using digi.me Business Services. You can do this by going to the Consent Contract in your Dashboard where the Forget Me Function will still be available. Please see the relevant Brand Privacy Policy, should you need more information on this.
19.3 Digi.me encourages all Brands to switch on the Forget Me Function in Consent Contracts, but some Brands may choose not to or they may no longer be using digi.me Business Services. You may still benefit independently from a Right To Be Forgotten under your local laws. If this is the case, please see the Brand Privacy Policy for how to contact the Brand and exercise your Right To Be Forgotten.
Part D: General terms
20. Responsibility for use of your user credentials
20.1 When you register for digi.me End User Services you will be asked to create your User Credentials. You are responsible for all use of digi.me End User Services associated with your User Credentials.
20.2 You agree to keep your User Credentials secret. If you believe or suspect that your User Credentials have been compromised, please notify digi.me and update your User Credentials immediately.
When you register with digi.me you generate User Credentials. Each time you contact digi.me with queries or ask for help, you may also give digi.me information about you and your use of the digi.me End User Services. All of this data (“Customer Data”) is different to your User Data, which digi.me does not see, hold or touch. Digi.me will hold and use your Customer Data in accordance with the digi.me Privacy Policy.
22.1 So that digi.me can innovate and improve the digi.me End User Services, digi.me may collect certain usage statistics relating to your use of the digi.me App including but not limited to version numbers of software, the features within the digi.me app being used and information on which services are being synced. This information is completely anonymised so digi.me has no idea who you are. Nor through this process does digi.me have any access to your User Data.
22.2 If you would like anonymous information in relation to your use of the digi.me End User Services not to be collected, please follow the instructions in the User Guide to opt out.
23.1 Each of digi.me and you warrant that we each have the necessary rights, licences and permits to perform our respective obligations under the digi.me End User Terms.
23.2 If at any time you no longer have the necessary rights, licences and permits to use the digi.me End User Services in compliance with the digi.me End User Terms, you must stop using the digi.me End User Services
24.1 Digi.me provides the digi.me End User Services with a reasonable level of skill and care. However, there are certain things that digi.me cannot promise, as described below.
24.2 Except as expressly set out in the digi.me End User Terms, neither digi.me nor its suppliers, distributors, or investors, make any specific promises about the digi.me End User Services.
24.3 Digi.me does not warrant that any of digi.me’s services will be secure, accurate, uninterrupted or error free or that they will meet your specific requirements. For example, digi.me does not give any warranties about the specific functions of the digi.me App or digi.me End User Services, or their reliability, availability, or ability to meet your needs. Digi.me provides the digi.me App and digi.me End User Services “as is”.
24.4 Some countries provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, digi.me excludes all warranties.
24.5 You understand that all third party data and services which you may access through use of digi.me’s services are the sole responsibility of the person, company or organisation from which they originated.
24.6 You acknowledge that your use of third party data and services may be subject to separate terms between you and the relevant third party. In that case, the digi.me End User Terms do not affect your legal relationship with these third parties.
24.7 The digi.me application is not intended for use in a medical or healthcare setting and is not a substitute for clinical record keeping or professional healthcare responsibility. If you have any concerns about your health or health data you should contact your healthcare provider.
24.8 Whilst digi.me makes reasonable efforts to provide and present accurate information, medical data has not necessarily been medically validated. Additionally, medical data flagged as demo or beta is still undergoing testing and you are more likely to find issues with such data. Any issues with medical data should be reported to digi.me.
25.1 If you use the digi.me App or any digi.me End User Services not as a consumer but on behalf of a business or other organisation, that business or organisation accepts the obligations in the digi.me End User Terms, including this section.
25.2 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless digi.me, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable lawyer fees) arising out of or accruing from your use of the digi.me App or any digi.me End User Services in breach of the digi.me End User Terms or any applicable law.
25.3 Digi.me will be entitled, at its expense, to participate in the defence and settlement of the claim or action with lawyers of its own choosing. You may not settle any claims that limit digi.me’s rights without digi.me’s prior written consent (which will not be unreasonably withheld).
25.4 This section does not apply to non-business consumer users of the digi.me End User Services.
26.1 Each of digi.me and you limits their liability to each other under the digi.me End User Terms as set out below.
26.2 Nothing in these terms and conditions excludes or limits liability of either digi.me or you for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited or excluded by applicable law.
26.3 Subject to paragraph 26.2, digi.me shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me End User Services for:
(a) loss of revenue or profit;
(b) loss of damage to computers, devices or any software or data (including User Data);
(c) loss or damage to goodwill; or
(d) indirect, special, consequential, exemplary or punitive loss or damage.
26.4 Subject to paragraphs 26.2 and 26.3, digi.me’s total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me End User Services shall be limited to re-providing you with the applicable digi.me End User Services.
26.5 In all cases, digi.me will not be responsible for any loss or damage that is not reasonably foreseeable.
27.1. Digi.me may terminate the digi.me App Licence and your use of any digi.me End User Services in the circumstances outlined below.
27.2 Digi.me may at any time terminate the digi.me App Licence and your use of any digi.me End User Services if:
(a) you have breached any important provision of these digi.me End User Terms;
(b) Digi.me is required to do so by law or chooses to do so following legal advice;
(c) any partner with whom digi.me offered certain components of the digi.me App or any part of the digi.me End User Services has ended its relationship with digi.me or stopped offering certain components of the digi.me App or part of the digi.me End User Services;
(d) Digi.me decides to no longer provide the digi.me App or certain components of the digi.me App or any part of the digi.me End User Services to users generally or to users in the country in which you are resident or from which you use the service; or
(e) provision of the digi.me App or digi.me End User Services to you by digi.me is, in digi.me’s sole discretion, no longer commercially viable.
27.3 When the digi.me terminates under paragraph 27.2 you agree to irretrievably delete the digi.me App and all components from your computers and devices.
27.4 Termination or expiry (howsoever occurring) does not affect any accrued rights or liabilities, or the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination or expiry.
Digi.me is not responsible for anything beyond its reasonable control.
29.1 Digi.me may make changes to the digi.me End User Terms and notify you by placing a notice on the digi.me Site. However, no changes will ever be made to the digi.me End User Terms that allow digi.me to see, touch or hold user data
29.2 If you do not agree to changes to the digi.me End User Terms, you can choose to stop using the digi.me End User Services. If you continue to use the digi.me App or any other digi.me End User Services after the date the revised digi.me End User Terms come into effect, you will be deemed to have accepted those revised digi.me End User Terms.
You may not sell, assign or transfer any of your rights or obligations under the digi.me End User Terms. Digi.me is permitted to assign or transfer its rights and obligations under the digi.me End User Terms upon notice to you by placing a notice on the digi.me Site.
The digi.me End User Terms constitute the whole legal agreement between you and digi.me, to the exclusion of any previous agreements, and govern your use of the digi.me End User Services.
You agree that if either you or digi.me does not exercise or enforce any legal right or remedy which is contained in the digi.me End User Terms (or which is available under any applicable law), this will not be taken to be a formal waiver of those rights and that those rights or remedies will still be available.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the digi.me End User Terms is invalid, then that provision will be removed from the digi.me End User Terms without affecting the rest of the digi.me End User Terms. The remaining provisions of the digi.me End User Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which digi.me is a member shall be third party beneficiaries to the digi.me End User Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the digi.me End User Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person shall be a third party beneficiary to the digi.me End User Terms.
The digi.me End User Terms and any non-contractual obligations arising in connection with them are governed by and construed in accordance with English law, and the English courts shall have exclusive jurisdiction to determine any dispute arising in connection with the digi.me End User Terms, including disputes relating to any non-contractual obligations.
The digi.me Business Terms form a legally binding contract between you and digi.me in relation to your use of the digi.me Business Services.
By downloading and using the digi.me application you agree to the digi.me Business Terms in relation to your use of the digi.me Business Services.
Part A: Definitions
1.1. In the digi.me Business Terms the following words and phrases have the stated meaning:
CAS Contract means a contract between digi.me and you for the supply of CAS Services for a Live Contract.
CAS Order means your order for CAS Services containing a draft Consent Request in the format set out in the Documentation, including the Data Description, the Data Purposes, the Retained Data and Retained Period, the Shared Data, as well as the User Benefit you are offering to provide to Users and your selection for the Forget Me Function setting.
CAS Services means the services related to the CAS as set out in the Service Description.
CAS Terms means Part C of the digi.me Business Terms.
Charges means the charges payable by you for the digi.me Business Services as set out in the Rate Card.
Consent Access System or CAS means the system which enables consent-based access to User Data from User Storage directly between a digi.me App and a Developer App, as described in the Service Description.
Consent Contract means a contract between a User and you under which the User has accepted your Consent Request and consented to you being provided with the Released Data on the basis of the Data Description, the Data Purposes, the Retained Data and Retained Period, the Shared Data, as well as the User Benefit you are providing to that User and your selection for the Forget Me Function setting, each as recorded in the applicable Live Contract.
Consent Receipt means a receipt sent to a User’s digi.me App acknowledging that the User has accepted a Consent Request and has formed a Consent Contract.
Consent Request means a request by you from your Brand App to a digi.me App for contractual consent from the User to form a Consent Contract and allow you to access the User’s User Data on the terms set out in the request (which will include the Data Description, the Data Purpose, the Retained Data and Retained Period, the Shared Data, as well as the User Benefit you are offering to provide to the User and whether or not you have turned on the Forget Me Function, each as recorded in a Live Contract).
Contract Database means the database maintained by digi.me of all Live Contracts and current and historical Consent Contracts.
Contract ID means the unique identifier generated by digi.me for each Live Contract under paragraph 13.4.
Data Delivery means a single data delivery of the results of a single data query directed by you at a User’s User Data under a Consent Contract.
Data Description means the description by you of the personal data being requested by you from a User.
Data Purpose means the description by you of the purpose(s) for which you will use Released Data.
Developer App means any application developed by or on behalf of you using the SDK.
Developer Credentials means the username, password and other information provided by you to digi.me on registration under clause 22.1.
Developer Site means the developer-focussed part of the digi.me website at https://developers.digi.me
Digi.me App means the digi.me App for Users available at Get started.
Digi.me Business Services means the services provided by the CAS and described in the Service Description.
Digi.me Business Terms means, together, all parts of these terms and conditions.
Digi.me means digi.me Limited (company number 6861219) whose registered office is at 7 Bower Road, Wrecclesham, Farnham, Surrey GU10 4ST.
Digi.me Privacy Policy means the general privacy policy of digi.me available at Privacy Policy.
Documentation means any explanatory materials, instructions or templates for use of the digi.me Business Services.
Forget Me Function means the function in the digi.me App which allows a User to issue Forget Me Instructions to you.
Forget Me Instruction means an instruction to delete all Retained Data under a Consent Contract (including any Retained Data shared with third parties).
General Terms means part D of the digi.me Business Terms.
Intellectual Property Rights means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
Live Contract means a live template for a Consent Request in the Contracts Database as approved by digi.me under paragraph 13.4 and identified with a unique Contract ID.
Onward Share means each single instance of sharing by you to a third party of a Data Delivery (whether alone or combined with other data).
Rate Card means the rate card setting out digi.me’s charges for the digi.me Business Services at Pricing and Revenue Sharing.
Released Data means that part of the User Data which the User has consented to be released to you under a Consent Contract (which is made up of all Data Deliveries from that Consent Contract).
Retained Data means the description by you of which part of the Released Data you are going to keep and use again.
Retained Period means the description by you of how long you are going to keep the Retained Data.
Right To Be Forgotten means (if applicable to a User under their local laws) the right of a User to request the erasure of personal data relating to the User (unless there is legal reason to keep it).
Sample Code means code included in the SDK for you to incorporate into a Developer App.
SDK Licence means Part B of the digi.me Business Terms and the licence granted under Part B.
Service Description means the service description for the digi.me Business Services at Developer.
Shared Data means the description by you of which Released Data you are going to share with third parties, including with whom and for what purposes.
Software Development Kit or SDK means the software development kit made available via the Developer Site, including Sample Code, programs, utilities, interfaces, keys and tools and any relevant parts of the Documentation.
User Benefit means the benefit (service, convenience or reward) you say you will provide to the User in exchange for access to Released Data.
User means a user of the digi.me App.
User Data means the collection of photos, text and other information downloaded, stored, accessed and/or released by a User on User Storage using the functionality of the digi.me App.
User Storage means the service or device upon which a User stores their User Data.
you and your means the person who has registered to use the digi.me Business Services under paragraph 22.1.
2.1 The terms personal data, data controller, data processor and processing each have the meaning given in the General Data Protection Regulation (EU 2016/679).
2.2 The interpretation of general words shall not be restricted by words indicating a particular class or particular examples.
2.3 Time shall not be of the essence for the performance of any obligation by digi.me.
Part B: Digi.me software developer kit licence
3. Developer apps and the protection of personal data
You acknowledge that the SDK allows you to develop Developer Apps which enable the direct collection of personal data by you from Users. Therefore, you represent and undertake that all Developer Apps produced by or on behalf of you shall:
(a) be developed on the basis of privacy best practice, including privacy by design and privacy by default;
(b) function and collect, use, process, transmit and maintain personal data strictly in compliance with all applicable laws relating to data protection and privacy;
(c) comply with industry standard security practices (and, if you are in a regulated industry, any more stringent standards); and
(d) contain a legally compliant privacy policy that you identify and make clearly available to Users.
4 Accepting the SDK licence
4.1 To use the SDK, you must first agree to the SDK Licence. You may not use the SDK if you do not accept the SDK Licence.
4.2 You may not use the SDK and may not accept the SDK Licence if you are a person, company or organisation prohibited from receiving the SDK under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the SDK.
4.3 If you are agreeing to be bound by the SDK Licence on behalf of your employer or any other person, business or organisation you confirm that you have full legal authority to do so and that such employer, business or organisation will be bound by the SDK Licence. If you do not have the required authority, you may not accept the SDK Licence or use the SDK on behalf of your employer or any other person, company or organisation.
5.1 Subject to your compliance with the digi.me Business Terms, digi.me grants you a limited, personal, worldwide, royalty-free, non-exclusive, and non-sub-licensable licence to use the SDK solely for internal development of Developer Apps which are compatible with the CAS as detailed in the Documentation. Your licence begins when you click “I accept” and ends in accordance with sections 9 and 33.
5.2 You may install and use any number of copies of the SDK on your computers and devices to design, develop and test your Developer Apps. Each copy installed must be complete, including any proprietary rights notices (including copyright and trade mark notices) that may be contained in the SDK.
5.3 You agree that digi.me or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. Digi.me reserves all rights not expressly granted to you.
5.4 You are only licenced to distribute Sample Code in object code form.
5.5 You may not use the SDK to develop applications for any platforms or services other than the CAS or use the SDK to develop another software developer kit.
5.6 You may not use the SDK for any purpose not expressly permitted by the SDK Licence. Except to the extent required by applicable third party licences, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any component of the SDK. You may not use any work around to seek to circumvent any technical limitations in the SDK. Unless otherwise agreed with digi.me, you may not sell, rent, lease, distribute or act as an intermediary provider of the SDK or grant any third parties any rights to use the SDK or any components of it (other than users of a Brand App for the Sample Code).
5.7 Use, reproduction and distribution of any components of the SDK licensed under an open source software licence are governed solely by the terms of that open source software licence and not the SDK Licence. You are not licenced to, and you agree that you will not, combine any non-open source component of the SDK with any software licensed under the GNU General Public Licence, the GNU Lesser General Public Licence, or any other open source licence terms such that it that could require the release in source code form of non-open source components of the SDK. Please see the full list of open source acknowledgements accompanying each product.
5.8 Nothing in this SDK Licence gives you a right to use any of digi.me’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
5.9 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be contained in the SDK.
5.10 Digi.me agrees that it obtains no right, title or interest from you (or your licensors) under this SDK Licence in or to any Developer App, including any Intellectual Property Rights that subsist in Developer Apps.
6.1 You agree to use the SDK and produce Developer Apps only for purposes that are permitted by:
(a) this SDK Licence; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).
6.1 You agree that you will not engage in any activity using the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorised manner the servers, networks, or other products or services of digi.me or any third party.
6.2 You may not include Sample Code in malicious, deceptive or unlawful applications. You agree that your Developer App will not mislead, confuse, or surprise users. Your Developer App must be transparent about what it does and get consent to modify any User account, data or device settings.
7.1 You acknowledge that the form and nature of the SDK that digi.me provides may change without prior notice to you and that future versions of the SDK may be incompatible with Developer Apps developed on previous versions of the SDK.
7.2 Digi.me will use commercially reasonable efforts to provide you with notice of any material changes to the SDK by posting an update on the Developer Site.
7.3 You agree that digi.me may stop (permanently or temporarily) making available the SDK (or any components of it) to you or to users generally, at digi.me’s sole discretion, without prior notice to you.
8.1 Digi.me will use reasonable endeavours to provide any technical or other support for the SDK. Any support which digi.me does provide is limited to the release of the SDK current at that time.
8.2 If digi.me chooses to provide any technical or other support to you, you agree that with respect to any technical or other information you provide to digi.me, digi.me has an unrestricted right to use such information for its business purposes, including for support and development.
9.1 The SDK Licence will continue to apply until terminated either by you or by digi.me as set out in the digi.me Business Terms.
9.2 If you want to terminate the SDK Licence, you can do so by deleting the SDK and stopping use of your Developer Credentials.
9.3 Digi.me may at any time terminate this SDK Licence if:
(a) you have breached any provision of this SDK Licence;
(b) Digi.me is required to do so by law or chooses to do so following legal advice;
(c) any partner with whom digi.me offered certain components of SDK has ended its relationship with digi.me or stopped offering certain components of the SDK;
(d) Digi.me decides to no longer provide the SDK or certain components of the SDK to users generally or to users in the country in which you are resident or from which you use the service; or
(e) provision of the SDK to you by digi.me is, in digi.me’s sole discretion, no longer commercially viable.
9.4 When the SDK licence comes to an end you agree to irretrievably delete the SDK and all components from your computers and devices and update all Developer Apps installed by or made available to Users to remove any Sample Code as soon as reasonably practicable. Digi.me is not responsible for any consequences of you deleting the SDK or removing any Sample Code.
10.1 Digi.me may make changes to the SDK Licence and notify you by placing a notice on the Developer Site.
10.2 If you do not agree to changes to the SDK Licence, you must stop using the SDK. If you continue to use the SDK after the date the changes come into effect, you will be deemed to have accepted the new version of the SDK Licence.
Part C: Digi.me Consent access system terms
11. Consent contracts and the protection of personal data
11.1 You acknowledge that the CAS allows your Developer Apps to collect personal data directly from Users. Therefore, you represent and undertake that:
(a) in relation to any Released Data, and in respect of your relationship with each User, you will comply with your obligations as a data controller in accordance with all applicable laws and regulations;
(b) you will not attempt to collect, use, process or transmit any User Data in excess of the Released Data;
(c) you will use Released Data strictly in accordance with the Consent Contract (including complying with any Forget Me Instruction); and
(d) if you want to use Released Data for any purposes outside of the Consent Contract, you shall submit a new CAS Order.
11.2 Where there is a conflict between the Consent Contract and any privacy policy previously provided to a User, you shall use the Released Data in accordance with the Consent Contract.
12.1 Once you have developed your Developer App using the SDK, you can submit CAS Orders to digi.me as set out in the Service Description.
12.2 Each CAS Order submitted by you must comply with requirements set out in the Documentation.
12.3 You agree to co-operate with digi.me in all matters relating to the CAS Services, including providing all reasonable information and assistance reasonably necessary to enable digi.me to fully review a CAS Order.
13.1 Your CAS Order is accepted only when digi.me places a corresponding Live Contract into the Contract Database.
13.2 Your submission of a CAS Order constitutes an offer from you to digi.me to purchase CAS Services.
13.3 Digi.me’s obligation to provide the CAS Services only arises upon acceptance by digi.me of the CAS Order.
13.4 There is no acceptance of your CAS Order until digi.me indicates its acceptance by placing a corresponding Live Contract into the Contracts Database and confirms this to you by issuing you with a valid Contract ID at which point and on which date a CAS Contract shall come into existence. (Unless terminated early under the digi.me Business Terms, each CAS Contract shall automatically end upon completion of all CAS Services associated with it.)
14.1 For each CAS Contract and provided you comply with the digi.me Business Terms, digi.me shall deliver the CAS Services substantially in accordance with the Service Description using reasonable skill and care.
14.2 In providing the CAS Services, digi.me shall use reasonable endeavours to make the CAS available to users 24 hours a day, seven days a week, except for planned maintenance carried out as notified to developers via the Developer Site and emergency maintenance.
15.1 Each time a User agrees to a Consent Request to form a Consent Contract (which will be recorded by the digi.me App using Consent Receipts), the User’s digi.me App sends a request to the applicable User Storage to release the Released Data to the Developer App.
15.2 The digi.me App is a piece of software that is installed locally by a User on their computer(s) and/or device(s) which allows Users to disclose User Data directly from their chosen User Storage to you. Therefore, you acknowledge that in the delivery of the CAS Services:
(a) the digi.me App allows Users, not digi.me, to control their own User Data;
(b) digi.me does not see, touch or hold User Data; and
(c) digi.me undertakes no processing of, and is not a data processor of, any User Data.
15.3 In respect of each single Consent Contract with an individual User, you agree that you will access, hold, use and share the Released Data for that Consent Contract strictly in accordance with its terms, including that:
(a) you (and anyone you share the Shared Data with) will only use the Released Data for the purposes recorded in the Data Purposes field of the Consent Contract;
(b) you (and anyone you share the Shared Data with) will only keep the Retained Data (and not any other Released Data) as recorded in the Retained Data field of the Consent Contract, and then only for the period of time recorded in the Retained Period field of the Consent Contract;
(c) you will only share Released Data to the third parties as identified, and for the purposes identified, in the Shared Data field of the Consent Contract,
in all cases as the Consent Contract is recorded in the Contracts Database.
15.4 If a Consent Contract allows you to edit any User Data or User Storage, you may not do anything which is malicious, deceptive or unlawful. You agree that you will be transparent about what you are asking for in your Consent Request and that the edits you make will match those disclosed in the Consent Contract recorded in the Contracts Database.
16.1 You shall provide any User Benefit to the User as soon as practicable following release of the Released Data.
16.2 If the User Benefit you are providing involves the delivery of content to User Storage, you will ensure that all such content is lawful, including:
(a) not delivering or making available any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; and
(b) not delivering or making available electronic copies of materials protected by copyright without the permission of the owner.
16.3 You will ensure that all User Benefits comply with all applicable laws.
17.1 Within 5 business days of the end of each month you will provide digi.me with all details of Onward Sharing to allow digi.me to invoice you correctly for Onward Sharing.
17.2 You acknowledge that Released Data is valuable. Therefore digi.me expects you to report Onward Sharing accurately. If digi.me believes that you are not accurately reporting Onward Sharing, you shall allow any independent auditors appointed by digi.me to access any of your premises, personnel and relevant records as may be reasonably required for digi.me to verify that you are correctly reporting Onward Sharing. If your reporting of Onward Sharing is materially inaccurate you agree to pay all costs incurred by digi.me for the audit.
18.1 You can stop a Live Contract at any time by asking digi.me to remove it from the Contracts Database.
18.2 If you remove a Live Contract from the Contracts Database this will end all underlying Consent Contracts. You agree that there may be knock-on effects in the functioning of the Developer App and that you will no longer receive any associated Released Data. Digi.me is not responsible for any knock-on effects should you choose to end a Live Contract early.
18.3 If you would nonetheless like to remove a Live Contract from the Contracts Database, digi.me will use reasonable endeavours to do so.
18.4 If you remove a Live Contract your obligation to comply with Consent Contracts already agreed with Users, and deliver applicable User Benefits, remains.
19.1 Digi.me encourages you to switch on the Forget Me Function in all CAS Orders, because we believe this builds a better relationship between you and Users. Each time you receive a Forget Me Instruction you shall promptly erase the Retained Data for that Consent Contract and confirm to the User when this has been done. You shall also instruct any third parties with whom you have shared any Retained Data to do the same and confirm this to you.
19.2 If you do not switch on the Forget Me Function, some Users may still benefit from the Right To Be Forgotten under their local laws. You will provide Users with sufficient information in your Brand Privacy Policy to enable them to be able to exercise their Right To Be Forgotten independently of the digi.me App.
20.1 You agree that the CAS Services may change without prior notice to you and that your Developer Apps may be incompatible with future CAS services.
20.2 Digi.me will use commercially reasonable efforts to provide you with notice of any material changes to the CAS Services by posting an update on the Developer Site and updating the Documentation.
20.3 You agree that digi.me may stop (permanently or temporarily) making available the CAS Services (or any part of them) to you or to users generally, at digi.me’s sole discretion, without prior notice to you.
21.1 You can end your use of all CAS Services at any time by giving notice as set out below.
21.2 You can end your use of all CAS Services at any time by giving digi.me 30 days’ notice in writing. During the notice period you may still submit CAS Orders.
21.3 At the end of the notice period:
(a) all Live Contracts will be removed from the Contracts Database and all underlying Consent Contracts will end;
(b) your licence to use the SDK will terminate;
(c) (subject to paragraphs 21.4 and 21.4) you have no rights to store, use or share any Released Data obtained by you under Consent Contracts;
(d) all outstanding Charges will become immediately payable.
21.1 Following termination of your use of all CAS Services, you can continue to store, use and share any Released Data which you have already obtained provided in each case that this is permitted by an applicable Consent Contract between you and a User and that your use of the Released Data remains strictly in accordance with the terms of the applicable Consent Contract (including deleting each Data Delivery and all copies of it at the expiry of its Retained Period).
21.2 If any Consent Contract referred to in paragraph 21.4 permitted Onward Shares, your obligations to report on and pay the Onward Share Fee under paragraphs 17, 23 and 24 shall continue for any Onward Shares made by you for a period of 12 months after your use of the CAS Services ended.
Part D: General terms
22. Responsibility for use of your developer credentials
22.1 When you register for digi.me Business Services you will be requested to create Developer Credentials. You are responsible for all use of digi.me Business Services associated with your Developer Credentials.
22.2 If you believe or suspect that your Developer Credentials have been compromised, please notify digi.me and update your Developer Credentials immediately.
23.1 The Charges for the digi.me Business Services are set out in the Rate Card.
23.2 The Charges include:
(a) a fee for each Data Delivery which you receive (“Data Fee”); and
(b) a fee for each Onward Share which you undertake (“Onward Share Fee”).
24.1 Digi.me will invoice you monthly in arrears for all Charges. You will pay all invoices within 30 days of the date of digi.me’s invoice.
24.2 When you register for digi.me Business Services you will be asked to provide valid, complete, and up-to-date payment card details or an approved purchase order number (“Payment Information”). If your Payment Information becomes incorrect you will update it promptly.
24.3 Digi.me will deliver the monthly invoice to the email address provided under paragraph 22.1.
24.4 With each invoice digi.me shall supply a breakdown of how the Charges have been calculated. The breakdown shall include such information as digi.me determines is necessary from time to time.
24.5 If your Payment Information includes a payment card, digi.me will take payment for the Charges automatically on or around the due date. Otherwise, you will pay digi.me the Charges by any of the methods acceptable to digi.me, as notified to you and updated by digi.me from time to time.
24.6 Except in the case of obvious material error, digi.me’s calculation of your use of the digi.me Business Services shall be final.
24.7 If you do not pay on time, or digi.me suspects you of under reporting Onward Shares, digi.me may suspend your use of the digi.me Business Services until full and accurate payment is made. (If your use of the digi.me Business Services is suspended, you agree that this may affect the use of the Developer App by Users, for which digi.me is not responsible.)
Digi.me shall make available reports to you from time to time, as set out in the Service Description
When you register with digi.me you generate Developer Credentials. Each time you contact digi.me with queries or ask for help, or attend any of our events, you may also give digi.me information about you and your use of the digi.me Business Services (“Developer Data”). Digi.me will hold and use Developer Data in accordance with the digi.me Privacy Policy.
27.1 So that digi.me can innovate and improve the digi.me Business Services, digi.me may collect certain usage statistics including but not limited to frequency of use, number of Users sharing data and types of data being shared.
27.2 Digi.me shall not divulge any of this usage information to any third party unless it is in anonymous form.
28.1 Each of digi.me and you warrant that we have the necessary rights, licences and permits to perform our respective obligations under the digi.me Business Terms.
28.2 If at any time, you no longer have the necessary rights, licences and permits to use the digi.me Business Services in compliance with the digi.me Business Terms, you will notify digi.me immediately in writing.
29.1 Each of you and digi.me agrees to keep the other’s confidential information secret.
29.2 Each of you and digi.me agrees to keep the other’s confidential information secret, except that this will not apply to information which:
(a) was already in the receiving party’s lawful possession before disclosure by digi.me or you;
(b) becomes publicly known through no fault of the receiving person; or
(c) the receiving party can prove has been independently developed by it.
29.3 Notwithstanding paragraph (b) above, you acknowledge and agree that all information which is not put into the public domain by digi.me about the SDK, CAS or the CAS Services is confidential, including any information on the design, operation and performance of the CAS.
30.1 Subject to paragraphs 30.2 to 30.5, digi.me warrants that it shall provide the digi.me Business Services with a reasonable level skill and care.
30.2 Except as expressly set out in the digi.me Business Terms, neither digi.me nor any of its suppliers, distributors or investors make any specific promises about the digi.me Business Services.
30.3 Digi.me does not warrant that any of digi.me’s services will be secure, accurate, uninterrupted or error free or that they will meet your specific requirements. For example, digi.me does not give any warranties about the specific functions of the SDK or digi.me Business Services, or their reliability, availability, or ability to meet your needs. Digi.me provides the SDK and digi.me Business Services “as is”.
30.4 Some countries provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, digi.me excludes all warranties.
30.5 You understand that all third-party data and services which you may access through use of digi.me’s services are the sole responsibility of the person from which they originated.
30.6 You acknowledge that your use of third party data and services may be subject to separate terms between you and the relevant third party. In that case, the digi.me Business Terms do not affect your legal relationship with these third parties.
30.7 The digi.me application is not intended for use in a medical or healthcare setting and is not a substitute for clinical record keeping or professional healthcare responsibility. If you have any concerns about your health or health data you should contact your healthcare provider.
30.8 Whilst digi.me makes reasonable efforts to provide and present accurate information, medical data has not necessarily been medically validated. Additionally, medical data flagged as demo or beta is still undergoing testing and you are more likely to find issues with such data. Any issues with medical data should be reported to digi.me.
31.2 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless digi.me, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable lawyer fees) arising out of or accruing from:
(a) your use of the SDK or any digi.me Business Services in breach of the digi.me Business Terms or any applicable law;
(b) any Developer App infringing the Intellectual Property Rights of any third party;
(c) any Developer App breaching the rights of any person or defaming any person;
(d) your unauthorised access to User Data and/or misuse of Released Data;
(e) your breach of sections 3, 6, 11 and 29; or
(f) any allegation, complaint or sanction by a regulator or court or other body with competent jurisdiction.
31.3 Digi.me will be entitled, at its expense, to participate in the defence and settlement of the claim or action with lawyers of its own choosing. You may not settle any claims that limit digi.me’s rights without digi.me’s prior written consent (which will not be unreasonably withheld).
32.1 Each of digi.me and you limit their liability to each other under the digi.me Business Terms as set out below.
32.2 Nothing in these terms and conditions excludes or limits liability of either digi.me or you for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
32.3 Subject to paragraph 32.2, digi.me shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me Business Services for:
(a) loss of revenue or profit;
(b) loss or damage to computers, devices or any software or data;
(c) loss or damage to goodwill; and/or
(d) indirect, special, consequential, exemplary or punitive loss or damage.
32.4 Subject to paragraphs 32.2 and 32.3, digi.me’s total liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising in connection with the digi.me Business Services shall be limited as follows:
(a) Under each CAS Contract (and subject to (b) below): at digi.me’s option, either (i) an amount equal to the total Charges paid by you for that CAS Contract (calculated as at the date the event giving rise to the liability occurred); or (ii) where possible, re-providing the applicable digi.me Business Service to you for that CAS Contract; and
(b) In any calendar year: an amount equal to the total Charges paid by you in that calendar year.
32.5 In all cases, neither you nor digi.me shall be responsible for any loss or damage that is not reasonably foreseen.
33.1 Either of digi.me or you can terminate for breach of the digi.me Business Terms and other reasons as set out below.
33.2 Either of digi.me or you can terminate all digi.me Business Services immediately upon notice for material breach of the digi.me Business Terms provided that, if the breach is capable of remedy, the breaching party is given 14 days to remedy the breach.
33.3 Either of digi.me or you can also terminate immediately upon notice if any of the following happen:
(a) such other party becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (as amended);
(b) such other party ceases or threatens to cease to carry on the whole or a substantial part of its business;
(c) any distress or execution shall be levied upon such other party’s property or assets;
(d) such other party shall make or offer to make any voluntary arrangement or composition with its creditors;
(e) any resolution to wind up such other party (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) shall be passed, any petition to wind up such other party shall be presented and not withdrawn or dismissed within seven days or an order is made for the winding up of such other party;
(f) such other party is the subject of a notice of intention to appoint an administrator, is the subject of a notice of appointment of an administrator, is the subject of an administration application, becomes subject to an administration order, or has an administrator appointed over it;
(g) a receiver or administrative receiver is appointed over all or any of such other party’s undertaking property or assets;
(h) any bankruptcy petition is presented or a bankruptcy order is made against such other party;
(i) an application is made for a debt relief order, or a debt relief order is made in relation to such other party;
(j) such other party is dissolved or otherwise ceases to exist; or
(k) the equivalent of any of the events described in paragraphs (a) to (j) occurs in relation to such other party under the laws of any jurisdiction.
34 A breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that time of performance is not of the essence).
35 Termination or expiry (howsoever occurring) shall not affect either of the parties’ accrued rights or liabilities, or the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination or expiry.
Each of digi.me and you shall not be responsible for anything beyond their respective reasonable control (“Force Majeure”), except that Force Majeure shall not excuse non-payment of any amounts owed by you to digi.me.
37.1 Digi.me may make changes to the digi.me Business Terms and notify you by placing a notice on the Developer Site. However, no changes will ever be made to the digi.me Business Terms that allow digi.me to see, touch or hold user data.
37.2 If you do not agree to changes to the digi.me Business Terms, you can choose to stop using the digi.me Business Services by giving notice in accordance with the digi.me Business Terms. If you continue to use the SDK or any other digi.me Business Services after the date the revised digi.me Business Terms come into effect, you will be deemed to have accepted those revised digi.me Business Terms.
You may not resell, assign or transfer any of your rights or obligations under the digi.me Business Terms. Digi.me is permitted to assign or transfer its rights and obligations under the digi.me Business Terms by placing a notice on the digi.me Developer Site (and you agree to provide all reasonable assistance associated with any sale, assignment or transfer).
The digi.me Business Terms constitute the whole legal agreement between you and digi.me and govern your use of digi.me Business Services (excluding any services which digi.me may provide to you under a separate written agreement), and completely replaces any prior agreements between you and digi.me in relation to digi.me Business Services.
You agree that if either you or digi.me does not exercise or enforce any legal right or remedy which is contained in the digi.me Business Terms (or which is available under any applicable law), this will not be taken to be a formal waiver of digi.me’s rights and that those rights or remedies will still be available.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the digi.me Business Terms is invalid, then that provision will be removed from the digi.me Business Terms without affecting the rest of the digi.me Business Terms. The remaining provisions of the digi.me Business Terms will continue to be valid and enforceable.
42 Third parties
You acknowledge and agree that each member of the group of companies of which digi.me is a member shall be third party beneficiaries to the digi.me Business Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the digi.me Business Terms that confers a benefit on (or rights in favour of) them. You also acknowledge and agree that each User of your Developer Apps shall be third party beneficiaries to the digi.me Business Terms and that such Users shall be entitled to directly enforce, and rely upon, any provision of the digi.me Business Terms that confers a benefit on (or rights in favour of) them. Other than these two categories of beneficiaries, no other person shall be third party beneficiaries to the digi.me Business Terms.
The digi.me Business Terms and any non-contractual obligations arising in connection with them are governed by and construed in accordance with English law, and the English courts have exclusive jurisdiction to determine any dispute arising in connection with the digi.me Business Terms, including disputes relating to any non-contractual obligations.
All trademarks, trade names, certification organisations or company names used on this website page are for identification purposes only and are the property of their respective owners. World Data Exchange Enterprises Pty Ltd and its subsidiaries are not associated with, endorsed or sponsored by those owners. Links from this website to other websites are provided as a convenience only.
![[object Object]](/lib_xIethnJzZEkeXjKe/fduqqa7vwwo98zqk.png?w=400)