TERMS AND CONDITIONS(Effective as of 25/01/2017)
Welcome to DigCaller website that offers a Phone Call or SMS know/track your caller number
services and used by numerous Users. The following Terms and condition apply when you view or use
the DigCaller website
Please endeavor to review the following terms carefully. By accessing or using the DigCaller know/track your caller or SMS number Service, and website you signify your agreement to these Terms and condition. If you do not agree to these Terms, you may not access our website or use the DigCaller Website and Services.
DigCaller respects the privacy of all its website users. Please refer to
information that pertains to your privacy. When you access or use the DigCaller website or
You must not:
a. Use DigCaller website in any way or take any action that causes, or may cause, damage to DigCaller website or impairment of the performance, availability or accessibility of DigCaller website;
b. Use DigCaller website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. Use DigCaller website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to DigCaller website without our express written consent.
e. access or otherwise interact with DigCaller website using any robot, spider or other automated means, except for the purpose of search engine indexing;
f. Violate the directives set out in the robots.txt file for our website; or
g. Use data collected from DigCaller website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from DigCaller website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through DigCaller website, or in relation to DigCaller website, is true, accurate, current, complete and non-misleading.
h. Use data collected from DigCaller website to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes.;
Your permission to use the DigCaller website is conditioned upon the following Use
Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
A. post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
B. use the DigCaller product or website for any unlawful purpose or for the promotion of illegal activities;
C. attempt to, or harass, abuse or harm another person or group;
D. provide false or inaccurate information when registering an account with DigCaller;
E. interfere or attempt to interfere with the proper functioning of DigCaller website;
F. make any automated use of DigCaller website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
G. bypass any robot exclusion headers or other measures we take to restrict access to DigCaller website or use any software, technology, or device to scrape, spider, or crawl the website or harvest or manipulate data; or
H. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
You warrant and represent that your content will comply with these terms and conditions as follows;
I. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
II. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
III. Be libelous or maliciously false;
IV. Be obscene or indecent;
V. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
VI. Infringe any right of confidence, right of privacy or right under data protection legislation;
VII. Constitute negligent advice or contain any negligent statement;
VIII. Constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
IX. Be in contempt of any court, or in breach of any court order;
X. Be in breach of racial or religious hatred or discrimination legislation;
XI. Be blasphemous;
XII. Be in breach of official secrets legislation;
XIII. Be in breach of any contractual obligation owed to any person;
XIV. [Depict violence[ in an explicit, graphic or gratuitous manner]];
XV. [Be pornographic[, lewd, suggestive or sexually explicit]];
XVI. [Be untrue, false, inaccurate or misleading]
XVII. [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
XVIII. [Constitute spam];
XIX. [Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
XX. [cause annoyance, inconvenience or needless anxiety to any person].You are solely responsible for the User Content that you post, upload, and link to or otherwise make available via DigCaller website.
You agree that DigCaller is merely acting as a passive conduit for your online distribution and publication of your User Content. DigCaller however, reserves the right to remove any User Content from our website at its discretion.
The following rules above pertain to your User Content, by transmitting and submitting any User Content while using DigCaller website & information.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of DigCaller website and products is solely your responsibility. DigCaller is not responsible for any public display or misuse of your User Content. DigCaller does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with DigCaller website.
ONLINE CONTENT DISCLAIMER
DigCaller takes no responsibility and assumes no liability for any User Content that you or
any other user or third party posts or sends over DigCaller website. Under no circumstances
will DigCaller be responsible for any loss or damage resulting from anyone’s reliance on
information or other content posted on DigCaller website, or transmitted to users.
Information, advice, statements, offers, or other facts or content made available through DigCaller website, but not directly by DigCaller are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content DigCaller does not guarantee the accuracy, completeness, or usefulness of any information on the website and neither does DigCaller adopt nor endorse, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than DigCaller website.
Though DigCaller strives to enforce these Terms and condition you may be exposed to User Content that is inaccurate or objectionable. DigCaller reserves the right, but has no obligation, to monitor the materials posted in the public areas of DigCaller website or to limit or deny a user’s access to DigCaller Service or take other appropriate action if a user violates these Terms and condition or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
DigCaller shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of DigCaller website and products, please contact us at [email protected]
DigCaller do not warrant or represent:
The completeness or accuracy of the information published on DigCaller website;
That the material on DigCaller website is up to date; or
That DigCaller website or any information on the website will remain available.
DigCaller reserve the right to discontinue or alter any or all of our website services, and to stop publishing DigCaller website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing on DigCaller website
To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
By posting any User Content via DigCaller website, you expressly grant, and you represent
and warrant that you have a right to grant, to DigCaller a royalty-free, sub licensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, list information regarding, edit, translate, distribute, publicly perform, publicly display,
and make derivative works of all such User Content and your name, voice, and/or likeness as contained in
your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with DigCaller website and
You acknowledge and agree that DigCaller and our licensors retain ownership of all
intellectual property rights of any kind related to DigCaller website, including applicable
copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned
on DigCaller website may be trademarks of their respective owners. We reserve all rights
that are not expressly granted to you under this Agreement.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from DigCaller in an
electronic form via the email address you have submitted; and (b) agree that all Terms and condition,
agreements, notices, disclosures, and other communications that DigCaller provides to you
electronically satisfy any legal requirement that such communications would satisfy if it were in
writing. The foregoing does not affect your non-waivable rights.
DigCaller may also use your email address, to send you other messages, including information about DigCaller services and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected]
Opting out may prevent you from receiving messages regarding DigCaller services, information or special offers.
DigCaller PRODUCTS & WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT
LIMITING THE FOREGOING, DigCaller EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, REGARDING OUR WEBSITE OR PRODUCTS INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, DigCaller MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS
TO OR OPERATION OF OUR WEBSITE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
CONTENT OR OTHER MATERIAL OBTAINED FROM DigCaller WEBSITE. SOME JURISDICTIONS LIMIT OR DO
NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
THIRD PARTY RIGHTS
A contract under these terms and conditions is for DigCaller benefit and your benefit, and
is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be
construed consistent with applicable law. The remaining portions will remain in full force and effect.
Any failure on the part of DigCaller to enforce any provision of this Agreement will not be
considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive
any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with DigCaller must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITION, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
LIMITATION OF DAMAGES AND RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DigCaller, ITS AFFILIATES,
DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR
DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING,
THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO
USE DigCaller WEBSITE OR INFORMATION; (C) DigCaller GENERALLY OR THE SOFTWARE
OR SYSTEMS THAT MAKE DigCaller PRODUCTS AVAILABLE; OR (D) ANY OTHER INTERACTIONS
WITH DigCaller OR ANY OTHER USER OF DigCaller WEBSITE & PRODUCTS, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT DigCaller HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a retailer or a merchant of our product or service that you review using DigCaller website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MODIFICATION OF TERMS AND CONDITION
DigCaller can amend these Terms and condition at any time and will update these Terms in
the event of any such amendments. It is your sole responsibility to check DigCaller website
from time to time to view any such changes in the Agreement. If you continue to
use DigCaller website, you signify your agreement to our revisions to these Terms and
condition. However, we will notify you of material changes to the terms by posting a notice on our
homepage and/or sending an email to the email address you provided to us upon registration. For this
additional reason, you should keep your contact and profile information current. Any changes to these
Terms (other than as set forth in this paragraph) or waiver of DigCaller’s rights hereunder
shall not be valid or effective except in a written agreement bearing the physical signature of an
officer of DigCaller. No purported waiver or modification of this Agreement
by DigCaller via telephonic or email communications shall be valid.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and
conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in
any way, we may:
1. Send you one or more formal warnings;
2. Temporarily suspend your access to DigCaller website;
3. Permanently prohibit you from accessing DigCaller website
4. Block computers using your IP address from accessing DigCaller website;
5. Contact any or all of your internet service providers and request that they block your access to DigCaller website;
6. Commence legal action against you, whether for breach of contract or otherwise; and/or
7. Suspend or delete your account on DigCaller website.
Where we suspend or prohibit or block your access to DigCaller website or a part of DigCaller website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Copyright (c) 2017(s) of first DigCaller’s publication
Subject to the express provisions of these terms and conditions:
(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in DigCaller website and the material on our website; and
(b) All the copyright and other intellectual property rights in DigCaller website and the material on our website are reserved.
LAW AND JURISDICTION
These Terms and condition and your use of DigCaller website are governed by the federal
laws of the United States of America without regard to conflict of law provisions.
Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of US
If you have any questions about these Terms & condition, please contact us at https://digcaller.nz/ or Email us at [email protected]