Terms of Service

Last Updated: January 15, 2025

These Terms of Service ("Terms") govern your use of DigiLead's website and digital leadership transformation services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Acceptance of Terms

By accessing and using our website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and DigiLead. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Services

DigiLead provides digital leadership transformation consulting services, including but not limited to digital transformation strategy and implementation, technology team leadership development, and data-driven business decision-making solutions. Our Services are designed to help organizations enhance their digital capabilities and leadership effectiveness.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate and complete.

User Responsibilities

When using our Services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Use our Services only for lawful purposes
• Respect intellectual property rights
• Comply with all applicable laws and regulations
• Not interfere with or disrupt our Services
• Not attempt to gain unauthorized access to our systems
• Not use our Services for any fraudulent or harmful activities

Prohibited Uses

You may not use our Services to:

• Violate any local, state, national, or international laws
• Transmit or distribute harmful, offensive, or inappropriate content
• Infringe upon intellectual property rights of others
• Engage in activities that could damage our reputation
• Attempt to reverse engineer or hack our systems
• Distribute malware, viruses, or other harmful code
• Spam or send unsolicited communications
• Collect personal information without consent

Service Availability

While we strive to provide continuous access to our Services, we do not guarantee that our Services will be available at all times. We may experience downtime due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any part of our Services at any time with or without notice.

Intellectual Property Rights

All content, materials, and intellectual property on our website and in our Services, including but not limited to text, graphics, logos, images, software, and methodologies, are owned by or licensed to DigiLead and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

User-Generated Content

If you submit any content through our Services, including feedback, suggestions, or testimonials, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, reproduce, and distribute such content. You represent that you own or have the necessary rights to the content you submit and that it does not violate any third-party rights.

Payment Terms

Payment terms for our Services will be specified in separate service agreements or contracts. All fees are non-refundable unless otherwise specified in writing. You are responsible for all taxes, duties, and fees associated with your use of our Services. We reserve the right to change our pricing with reasonable notice.

Confidentiality

We understand that during the course of providing our Services, we may have access to confidential information. We are committed to maintaining the confidentiality of such information and will not disclose it to third parties without your consent, except as required by law or as necessary to provide our Services.

Limitation of Liability

To the fullest extent permitted by law, DigiLead shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our Services. Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount paid by you for the specific Service giving rise to the claim.

Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or free of harmful components.

Indemnification

You agree to indemnify, defend, and hold harmless DigiLead and its employees, directors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

Termination

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. You may also terminate your use of our Services at any time. Upon termination, your right to use our Services will cease immediately, and any provisions that should survive termination will remain in effect.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms that is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other causes beyond the reasonable control of such party. In such circumstances, the affected party will use reasonable efforts to minimize the impact and notify the other party promptly.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Sri Lanka, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration or in the courts of Sri Lanka, as mutually agreed upon by the parties.

Dispute Resolution

We prefer to resolve disputes amicably through direct communication. If a dispute cannot be resolved informally, it may be submitted to mediation before pursuing formal legal proceedings. Both parties agree to participate in good faith in any mediation process.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any additional service-specific agreements, constitute the entire agreement between you and DigiLead regarding your use of our Services. These Terms supersede all prior or contemporaneous communications and proposals between the parties.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Third-Party Services

Our Services may integrate with or provide access to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of service of these third parties. Your use of third-party services is governed by their respective terms and conditions.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

Contact Information

If you have any questions or concerns about these Terms, please contact us through the methods available on our website. We will respond to your inquiry promptly and work to address any concerns you may have.