Terms of Use
The Effective Date of these Terms of Use is March, 2023.
​
Please read carefully the following provisions of these Terms of Use (the “Terms of Use”). This is a legal agreement between you and Digi 3D Scan Inc. (“Digi 3D Scan” or “We”) regarding the use of the use of our online and/or mobile services and website provided by us (collectively the “Digi 3D Scan Services”). By using Digi 3D Scan Services in any way, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AS WELL AS TO COMPLY WITH PRIVACY POLICY. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF DIGI 3D SCAN SERVICES.
You agree to check these Terms of Use periodically for new information and terms that govern your use of Digi 3D Scan Services. Digi 3D Scan may modify the Terms of Use at any time.
1 User Services. We grant you a limited, non-exclusive, nontransferable license to use Digi 3D Scan Services for your use according to these Terms of Use. We reserve the right to modify or discontinue, temporarily or permanently, Digi 3D Scan Services for any reason, at our sole discretion, with notice to you. Notwithstanding any provisions of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate Digi 3D Scan Services, and to block or prevent future access to and use of Digi 3D Scan Services for any reason or no reason. Upon termination, these Terms of Use will still apply.
​
2. Limits of Your Use. You must use Digi 3D Scan only for a lawful purpose. You must not take any action that may compromise the security of Digi 3D Scan, make Digi 3D Scan inaccessible to others, or cause damage to Digi 3D Scan. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to Digi 3D Scan, belong to Digi 3D Scan. No content from Digi 3D Scan may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without our prior written consent.
​
3. No Modification of Digi 3D Scan Services. You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of Digi 3D Scan.
​
4. Links to Third-Party Websites. We may choose to provide links or references on Digi 3D Scan to third-party web sites, information or services solely as a convenience to our users (“Reference Sites“). Digi 3D Scan does not endorse any such Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. We encourage you to be aware of when you leave Digi 3D Scan, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through Digi 3D Scan are solely between you and such advertiser. Digi 3D Scan will not be liable for the unreliability or inaccuracy of any information obtained through those Reference Sites.
5. Indemnity. You agree that you are personally responsible for your use and behavior while using Digi 3D Scan Services. You agree to indemnify, defend and hold harmless Digi 3D Scan, its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of Digi 3D Scan and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your visit, use, misuse, inability to use or interruption in service of Digi 3D Scan Services or any violation by you of these Terms of Use or of law.
​
6. Right to Refuse Access/Service. We reserve the right to refuse or limit access to Digi 3D Scan Services in our sole discretion and without notice. This includes the right to block or limit access to Digi 3D Scan Services, or parts of the Digi 3D Scan website, to individuals or groups, for the purpose of preventing or reducing the risk of violation of our terms or the law, or based upon suspected or actual violation, or for any other reason. Digi 3D Scan also reserves the right to refuse any Order (as defined below) of 3D Scan (as defined below) made by you through the Site if such 3D Scan causes an offence to public order or good practices, in Digi 3D Scan’s sole discretion, as well as any Order infringing a third party intellectual right. In particular, this list not being exhaustive, firearms, objects presenting racist, pornographic or violent content, as well as any Order clearly infringing any third party intellectual property right will be refused.
​
7. License to Content. As between you and us, you own all content that you submit to the Site. You grant us and our affiliates a worldwide, perpetual, irrevocable, exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. For avoidance of doubt, content created through Digi 3D Scan shall include all 3D Scans (as defined below) uploaded by you to the Site.
8. Copyright Information. It is expected that all users of Digi 3D Scan will comply with applicable copyright laws.
​
9. Warranty Disclaimer. You use Digi 3D Scan at your own risk. Digi 3D Scan services are provided "as is," “where is,” “as available,” “with all faults,” and with no warranty of any kind. We disclaim all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and noninfringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty regarding completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, operation or any other aspect of Digi 3D Scan or content or services provided on, or accessible from, Digi 3D Scan services. We do not warrant that operation of Digi 3D Scan services will be uninterrupted or error-free, or that Digi 3D Scan are free from viruses or other harmful components.
​
10. Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Digi 3D Scan or its personnel be liable, nor do we assume responsibility, for any direct, indirect, special, incidental or consequential damage arising out of or in connection with the use or inability to use Digi 3D Scan services or content and services provided on or accessible from Digi 3D Scan, or otherwise, even if we are advised of the possibility of such damages.
​
11. Errors, Corrections and Changes. We do not warrant or represent that Digi 3D Scan are or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error, including but not limited to franchise locations, availability and hours of services.
​
12. Privacy. For information about how Digi 3D Scan protects your privacy, please read Digi 3D Scan Privacy Policy. The Policy explains how Digi 3D Scan treats your personal information, and protects your privacy, when you use the Site and Digi 3D Scan Services.
​
13. Order Terms and Conditions.
Order and Payment
If you wish to make an order of your 3D model scan (the “3D Scan”) you may order 3D printing and shipping services and purchase them through Digi 3D Scan.
All prices and amounts shown on Digi 3D Scan Services are in Canadian Dollars (CAD), unless otherwise noted. Credit and debit cards accepted for payment are: Visa, Mastercard, Discover and Amex. Other ways of payment are available, such as PayPal and E-transfer. Digi 3D Scan requires a 50% deposit to be paid before Digi 3D Scan completes an order. The remaining 50% payment will be due upon the completion of the scan.
​
Return Policy
Digi 3D Scan strives to provide our clients with the best possible experience. If you are not satisfied with your order for any reason, please contact our customer service department.
Please note that to receive a refund the defect affecting quality of 3D Scan must be the fault of Digi 3D Scan. Digi 3D Scan will not issue a refund in case of inaccurate uploading of the 3D Scan to the Site. Digi 3D Scan will not issue a refund and will not be liable in case 3D Scan is not exactly the same as shown when uploaded by you through Digi 3D Scan Services. Differences may result from the color quality of images, the difficulty of showing on screen the texture of a material or, without limitation, technical adaptation. These differences should not be interpreted as lack of conformity and shall not justify a “defect” and shall not cause a refund. Determination of defect is at the discretion of Digi 3D Scan.
Refund will not be made if the personalized 3D Scan fails to satisfy you due to your personal taste.
​
Time Limit for Return
The time limit for any return you wish to make against us is fifteen (15) business days from the date of revealed failure, unless a longer term is required by law. If it is not brought within the time limit to make the claims, the claim is barred.
​
14. Changes to Terms of Use. We reserve the right, in our sole discretion, to change these Terms any time. Updated versions of the Terms will be posted here on our Site and are effective immediately upon posting. The date of the newest version is posted below. Please check frequently, especially before you use Digi 3D Scan, to see if these Terms have changed. Use of Digi 3D Scan Services after any changes to the Terms constitutes your consent to the changes. Terms for new Digi 3D Scan Services are effective immediately upon posting.
15. Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with the terms and conditions of these Terms of Use.
16. Entire Agreement. These Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of these Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
17. Waiver. The failure of Digi 3D Scan to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Digi 3D Scan.
18. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
19. Governing Law and Venue. These Terms of Use are governed by the laws of Canada. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Canada for all disputes arising out of or relating to this Agreement.
20. Survivability. In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
21. Injunctive Relief. You acknowledge that the obligations made hereunder to Digi 3D Scan are of a unique and irreplaceable nature, the loss of which shall irreparably harm Digi 3D Scan and which cannot be replaced by monetary damages alone so that Digi 3D Scan shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
22. Contact Information. Should you wish to contact Digi 3D Scan with any questions, complaints or claims with respect to Digi 3D Scan Services, you should visit Digi 3D Scan website at www.digi3dscan.com or email scan@digi3dscan.com.