Terms and Conditions
The website SDigital.co (referred to as “this site”, “the site”, “our site”) is run and owned by S.E.M Industries. (Referred to as “S.E.M” or “WE”)
Please read the following terms and conditions carefully. Your use of this site (SDigital.co), the services on this site, and or by clicking “I accept” if presented with these terms and conditions in a click-through format demonstrates that you accept and agree to these terms and conditions, including the Shipping (hyperlinked) and Warranty (hyperlinked) policies on this site, as well as any modifications that SDigital may make from time to time. Your continued use of this site following any changes made means that you accept and agree to the changes. IF YOU DO NOT UNDERSTAND OR ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
Using our Site
Our site is not intended for use by minors. In order to sign up for an account and make purchases you must be at least 18 years of age. If you are under the age of 18, you may only use the site and its services with the involvement and permission of a parent or guardian.
- User Accounts and Subscriptions
Whilst you do not need a user account to access our site, there are certain features and services which will require you to open an account. You are responsible for ensuring that you provide us with correct and complete information, as well as updating any changes to existing information that you have already provided. You are also solely responsible for the maintenance of your account's confidentiality, and you agree that you accept full responsibility for any activity that occurs under your account. You should take reasonable and necessary steps for preserving the confidentiality of your password and security, and should inform us immediately if you have reason to suspect that your password has been compromised and become known to anyone else; and if your password and or account is being or likely to be used in any unauthorized way. You also agree that you will not use the site and the services on the site in ways which cause or are likely to cause disruption, interference or damage to the site and its services. You agree that you will not use the site to cause harm, annoyance, or inconvenience. You also agree not to use this website for criminal or fraudulent activity.
Users can access, review and modify any of the information they provided in the “My personal info” area of the site. If a user wishes to terminate their account, they must email us at firstname.lastname@example.org and specifically request account termination. Subscribers to and users who subscribed to the newsletter who wish to terminate their subscription, can terminate their subscription by clicking on the termination link included in each newsletter.
If the information you provide is, or if we have reasonable grounds to suspect the information you provided is untrue, inaccurate, outdated or incomplete, and/or if you violate these terms and conditions or applicable law; we reserve the right to suspend and terminate your account, and refuse any current or future use of the site and the site's services.
- Electronic Communications
By signing up for an account, or by subscribing to our newsletter, you agree to receive communications from us electronically. If you no longer wish to receive electronic communication, please terminate your account or subscription to our newsletter.
- External and Third-party links
The site may contain external and third-party links to websites operated and owned by other parties. These external/third-party sites are not under the control of S.E.M and users acknowledge that they visit and use these websites at their own risk. S.E.M disclaims all liability regarding use and access of these external/third-party sites, and does not make any warranties or endorsements to the accuracy, information and safety of any other website.
We do not prohibit users from linking to our site, nor do we require that a user request permission to link to our site. However, we do require users not to link to our site in a way that creates or suggests a false affiliation between S.E.M and other organizations or entities. Or in ways that damages or dilutes the goodwill associated with S.E.M, SDigital, the trademarks associated with and owned by S.E.M, and our licensor's names and trademarks. We reserve the right to request the removal of any link to our site, and reserve the right to revoke the permission to link our site.
Privacy Policies & Intellectual Property
- Confidential Information and Security
At SDigital, we respect the importance of private and confidential information, and we understand that you care about the ways in which your information is used, shared and stored. We do not disclose your confidential information to third parties for marketing or business purposes unless we have your express consent. However, we may disclose your confidential information (such as but not limited to address and purchase information) to other companies or organizations in order to help process your orders and purchases, or to help protect both you and S.E.M from fraudulent transactions. We may also disclose your information if we decide that the applicable law necessitates or permits disclosure.
Your information is stored on secure servers, and we take all reasonable steps to ensure that your personal and private information is kept confidential. If a user wishes to have his personal information data terminated, they can, subject to company policies, request to have it terminated by emailing us at email@example.com. Please be aware that any personal information provided if and once transferred to other companies, organizations or entities is no longer in our control, and therefore outside the remit of protection that we can reasonable offer.
On our website, users may post reviews on our products, provided that the content they submit is not abusive, arbitrary (such as but not limited to chain letters and commercial solicitation), threatening, defamatory, illegal and infringing on intellectual property rights. Users also agree not to submit content that contains viruses and false information. Users acknowledge and accept that if they do not follow these submission requirements they may have their accounts terminated or suspended. When users submit reviews, they must first be approved by an administrator before they will appear on the site, and we reserve the right upload reviews at our discretion, and to not upload any review that fails to adhere the requirements above. We also reserve the right to at a later date remove any content users upload even if already approved.
By submitting a review, you warrant that you have ownership and control of all the rights associated with the content that you post, and that at the date of submission, all content is accurate, and that you indemnify S.E.M for all and any claims brought by third parties against S.E.M pertaining to or arising from the content you submitted to the maximum extent permissible by applicable law.
Once you submit a review, you acknowledge and agree that your submission is non-confidential, and that you grant S.E.M royalty-free and a non-exclusive right to reproduce, publish, edit and display such content through whatever media S.E.M may choose. You agree that the granted rights are irrevocable, and you waive your right to be identified as the author of any content you submit to us.
Our website contains intellectual property content (such as but not limited to copyrights and trademarks) which belong to S.E.M or belong to third parties who have licensed the content to S.E.M. You may not use any of S.E.M's copyrights or trademarks without our express consent. The content, copyrights and trademarks of third parties also may not be used without permission, and permission to use the copyrights and trademarks of third parties can be only be granted the respective third parties. You are not to copy, display publicly, reproduce or republish any part of our site or content without express permission. You are also not allowed to use any robots, data mining bots, or any other similar information/data extraction and gathering tools to extract and/or reproduce any part of the site without express consent.
If you believe your intellectual property is being infringed upon, please contact us at firstname.lastname@example.org.
Terms of Sale and Payment Policies
- Pricing and Stock Policies
As with all businesses, whether for special deals or to reflect market conditions, our prices may vary from time to time, and we reserve the right to change the prices at any time. Furthermore, although we try our best to make sure that there are no pricing, typographical or any other such errors in our catalogue, mistakes can happen. As such, purchase prices are not final until your order has been shipped. If there are any items on our website, and you make an order for it, we may at our discretion either cancel the order and notify you of the cancellation, or contact you to discuss and arrange refunding, further payments, or any other recourse which we feel is suitable. We also reserve the right to suspend or rescind any special offers, vouchers and other similar 'deals' earlier than the original expiration date.
If we run out of stock for an item and you placed an order before we could update the website, we will contact you to discuss the available remedies. Including although not limited to fully refunding your order, and arranging for the product to be immediately shipped following a restock.
Currently, all of our payments are processed through Paypal. When making an order, you will be brought to a separate secure payment page before being brought back to our site. We do not store, have access to and collect your credit card information. Orders are not shipped and accepted until we have received payment confirmation from Paypal.
When you make an order with our website, you are making an offer to buy the product(s) in your order. Once we have received your order, we will send you an email confirmation acknowledging that we have received your order; this does not constitute an acceptance of your offer to purchase the product(s). Your offer is only accepted, and the contract of sales for the product(s) concluded when we ship your product to you, and send you our “Dispatch Confirmation email” and electronic invoice.
We reserve the right to reject your order. If your order is rejected, you will receive a full refund.
- Customs, Duties and other Tariffs
Our final checkout prices are for the product(s) and for shipping. They do not include customs costs, duties and other similar tariffs. When you order products from us, you may be subjected to import duties and/or taxes, which are only levied when the package reaches your country. Please be aware that when you order from our site, you bear the responsibility of being the importer of record, and as such, ensure that you comply with all the local laws and regulations in the country of delivery. Customs policies vary depending on the country, and you are responsible for finding information about and paying any customs costs, import duties or any other similar taxes and tarrifs that may be applied on your package.
Alterations and Amendments
Over time our policies may change and as such, we may need to amend or alter our terms and conditions to reflect these changes. As such, we reserve the right to make any changes to our terms and conditions, warranty and shipping policies, and the site itself. The governing polices, terms and conditions are those that are in force at the time of use.
Warranties and Disclaimers
THE INFORMATION, THE CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT GUARANTEE THAT SERVICES, CONTENT, FEATURES OR ANY ASPECT OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND ACCESS TO OR PARTS OF THE SITE AND SERVICES. WE ALSO RESERVE THE RIGHT TO INTERRUPT ACCESS AND OPERATIONS OF THE SITE WHEN NECESSARY, SUCH AS BUT NOT LIMITED TO ROUTINE MAINTENANCE, THE FIXING OF ERRORS, AND TO UPDATE THE SITE.
Limitation of Liability
S.E.M IS NOT LIABLE FOR ANY DAMAGE RESULTING, FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF S.E.M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW THAT THE S.E.M IS NOT LIABLE FOR DAMAGES PERTAINING TO THE DEVICE AND THE SALE OF THE DEVICE THAT EXCEED THE INVOICE AMOUNT FOR THE APPLICABLE DEVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, OR MAY NOT ENFORCE ALL OF THESE LIMITATIONS AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLICABLE IN YOUR JURISDICTION APPLY. S.E.M DOES NOT IN ANY WAY ANY EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY IN ACCORDANCE WITH ANY MANDATORY LAW ON PRODUCT LIABILITY, FRAUD, MISREPRESENTATION, INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, OR MAJOR BREACHES OF CONTRACTUAL OBLIGATIONS.
You agree to indemnify and hold SDigital, S.E.M Industries, shareholders, directors, employees, agents and licensors harmless against all claims, costs, damages, expenses, losses pertaining to, or in any way pertaining to your use of the site sdigital.co.
S.E.M operates this site from Hong Kong. If you use this website outside of Hong Kong, you are entirely responsible for your compliance with your applicable local laws. These terms and conditions are to be governed and interpreted by the laws of Hong Kong, and any disputes or claims pertaining to or arising out of these terms are subject to the jurisdiction of the courts of Hong Kong.
If you breach these terms and we do not take immediate action, that does not mean we are relinquishing of any rights we may have, including taking action in the future.
If it turns out that any term is not enforceable, invalid or void, that term shall be deemed severable and will not affect the any of the remaining terms.