The Digital Gaurav Subscription Agreement
DATED: June 12 , 2023
PLEASE SCROLL DOWN AND READ THIS SUBSCRIPTION AGREEMENT BEFORE USING THE SERVICE. This Agreement is also subject to, and incorporates by reference, our Terms of Service (including its arbitration and class action waiver clauses), our Privacy Statement, and any Purchase Order we issue to you in connection with your subscription. We may update our Terms of Service or Privacy Statement at any time without any prior notice. By using the Service, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
YOU MAY NOT ORDER OR SUBSCRIBE TO THE SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US.
This Subscription Agreement (this “Agreement”) governs your use of all digital products and services (the “Service”) provided by The Digital Gaurav its affiliates and subsidiaries (“we”, “us”, “our”). If such Service has its own unique terms, such terms shall supplement this Agreement.
As an individual subscriber, your subscription will provide access to the Service starting on the date specified therein. You will be able to access the Service solely through your own credentials (e.g., an email address and password), which you agree not to share with others, and only for as long as you are a subscriber.
By subscribing to your preferred subscription tier via the purchase confirmation link, you represent and warrant that you agree to be bound by the terms of this Agreement for the Service. If you do not agree to be bound by the terms of this Agreement, you should not purchase a subscription.
In the event that you have a bundled subscription that combines our print products with our paid membership to The Digital Gaurav or a paid newsletter, the Subscription Terms will also apply except for those provisions which, due to their nature, are applicable solely to the use of a print product or service.
1. Your Account
If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.
2. Fees and Payments, Auto-Renewal and Free Trials
In order to subscribe to the Service, you must create an account and provide a current, valid, accepted method of payment, such as a credit card. We will bill the monthly, quarterly, annual, or biennial subscription fee to your chosen method of payment. If you sign up for a subscription on an automatically renewing basis, as indicated when you sign up, your payment will automatically renew at the end of each subscription period, unless you cancel your subscription before the end of the current subscription period. Please note that if you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.
ALL AMOUNTS PAID ARE NON-REFUNDABLE EXCEPT AS PROVIDED BELOW FOR ANNUAL AND BIENNIAL MOTIVEFLIKR MEDIA MEMBERSHIPS AND NEWSLETTER SUBSCRIPTIONS, WHICH MEANS THAT ALTHOUGH YOU CAN DISCONTINUE AUTO-RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME (IF APPLICABLE), YOU WILL NOT RECEIVE A PRO-RATA RETURN OF ANY FEES THAT YOU HAVE ALREADY PAID.
You will continue to have access to content until the end of your current subscription period, and the cancellation will take effect the day after the last day of your current subscription period.
We may change the price for subscriptions, from time to time and, if we do, subscribers will receive notice from us of any price increase prior to such increases taking effect. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you may unsubscribe from the Service prior to the price change going into effect.
In certain situations, we may offer free trial subscriptions to new subscribers. Please note that any free trial subscription will last for a limited time. At the end of the free trial period, unless you cancel the subscription prior to the end of the trial, you will automatically be charged at the price offered to you during sign-up using the payment method provided. You will continue to be charged the price offered to you at sign-up on a monthly, quarterly, annual, or biennial basis (based on the plan you selected) until you cancel per the method described herein. We reserve the right to determine free subscription eligibility in our absolute discretion.
3. Cancellation, Renewal, Refunds
This Agreement shall remain in full force and effect while you use the Service and your subscription will renew automatically until it is cancelled in accordance with this Section. For annual and biennial subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, if applicable, except as otherwise required by law. Annual and biennial subscribers of Motiveflikr Media.com memberships who cancel mid-subscription term are entitled to a refund based on the number of days remaining from the requested cancellation date to the end of the subscription term.
Except for the The Digital Gaurav Investor andThe Digital Gaurav Dividend Investor newsletters, which are nonrefundable, newsletter subscribers who cancel their quarterly, annual, or biennial subscriptions within the first 30 days of their subscription can receive a full refund; after 30 days, they may receive a prorated refund based on the number of days remaining in the term. Monthly newsletter subscriptions are not refundable.
For all automatically renewing subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. If you do not sign up for an automatically renewing subscription, or do not otherwise extend your subscription period, your subscription will terminate on the date listed on your Purchase Order or otherwise set forth when you signed up.
To cancel an automatically renewing subscription prior to its renewal, if applicable, you may do so under the “Subscriptions Information” tab within your Motiveflikr Media account by clicking “Cancel your Subscription.” You may also cancel your Motiveflikr Media.com membership by contacting us at 1-888-303-0108 or unlimitedaccess@Motiveflikr Media.com. To cancel a newsletter subscription, contact Motiveflikr Media at investingcs@Motiveflikr Media.com.
4. Availability of Service through other Platforms; Third Party Payment Services
If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.
5. Limitations on Use
Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise. Each user must have their own username and password, or if other log-in credentials are made available, their own unique log-in credential not to be shared.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or its availability to you, at any time. We may change the terms of this Agreement at any time, and we will inform you of material changes by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). By using the Service after changes are made to this Agreement you signify that you agree to be bound by such changes. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.