1. This agreement

1.1 These terms and conditions in this Agreement ("the Agreement") apply to the use of this web site located at https://devslib.com ("the Site"). When using this Site, you agree to be bound by this Agreement.

1.2 If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site immediately.

1.3 The Agreement must be used and accepted in conjunction with the Privacy Policy, Website Terms of Service and any other applicable terms and conditions governing the use of the Site.

1.4 You can only use this Site if you are 18 years or over. If you are under 18 years of age you must refrain from using the Site immediately.

1.5 Membership is not open to everyone and we reserve the right to refuse your offer to become a member of the Site pursuant to this Agreement.

2. Definitions

In this Agreement, the expressions "we, "us" and "our" are a reference to Devslib and the expressions "you", "your" or "members" are a reference to the members or people on behalf of members who agree to the terms and conditions of this Agreement.

Consumer:

means any person capable of purchasing the Product.

Commencement Date:

means the date so specified in Schedule 1.

Exclusive basis:

means to the exclusion of all others.

Intellectual Property:

means copyright, trade mark, design, patent, semiconductor or circuit layout rights.

Intellectual Property Rights:

means rights in respect of copyright, trade mark, design, patent, semiconductor or circuit layout rights.

License:

means a license procured pursuant to this Agreement.

Members:

means a person or a person on behalf of an entity that has agreed to the terms and conditions of the Membership Agreement and are current Members or persons who use the membership section of the Site.

Parties:

means either the Site or Member as the context dictates.

Product:

or Products means Flash files, Video files, Audio files, Font File, or any other goods, services, or material that you are downloading on the Site, together with any accompanying material such as product descriptions, and the associated Intellectual Property rights.

Purchaser:

or "Buyer" means a person or person with authority to act for another person or entity that has the intention to purchase a Product pursuant to this Agreement or any Agreement governing this Site.

Remuneration:

means the fee payable by the Site to the Member or vice versa pursuant to this Agreement, calculated in accordance with 14.B.2.

Site:

is the website covered by one domain located at https://devslib.com/.

Users:

means a person that may use the Product.

3. Terms of membership

3.1 These terms and conditions apply to the use of the Membership Section ("the Membership Section") of this Site, including participating in;

  1. buying Products;
  2. uploading or posting messages in the discussion forums (if any), support tickets, journal or profile page; and/or
  3. generally using the Membership Section.

3.2 In order to use the Membership Section, you must become a member. To become a member, you must complete your registration details in the manner described on the Site.

3.3 Membership is free but non-transferable.

3.4 We reserve the right to terminate your membership at any time. This includes, but is not limited to;

  1. if you breach any of the terms and conditions of this Agreement, or any other Agreement governing this Site;
  2. if we are unable to verify or authenticate any information you prov ide to us; or
  3. if we believe that your actions may cause legal liability for you, our users or us.

3.5 Membership is only available to you if you are 18 years or over. If you are under 18 years of age you must not register as a member.

4. Duration

Subject to clause 12 and without limiting the generality of any other clause of this Agreement, this Agreement will remain in force as long as you continue to use the Membership Section of this Site.

5. The importance of your login and password

5.1 You acknowledge and agree that you will be responsible for each and every access or use of the Membership Section of this Site that occurs in conjunction with your login ("username" or "email") and password.

5.2 You acknowledge and agree that your username (or email) and password is conclusive evidence that you have accessed the Membership Section of the Site.

5.3 You must indemnify us and our parents, related bodies corporate, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) against any claim by a third party arising out of any breach of these terms and conditions either by you or by any person using your username (or email) and password, whether or not you have authorised that person to use your username (or email) and password.

5.4 You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences and you agree to release us in accordance with clause 9.

6. Devslib's role

6.1 We make digital products and sell them in the website. It's your responsibility to check the quality, requirement to use the product and other information available in the product page.

6.2 We provide support for the purchased product for definite period of time (for 180 days or 360 days from the day of purchase). After that support period, we will not be obliged to give any support. Support period may vary for different license and is available on the product page.

6.3 We provide update for the purchased product until we stop the development process for that particular product. We are not obliged to give product update on any timely manner. We are independent in terminating any product development process.

7. We are not any middleman

We are not any marketplace where members both sell and buy. In the website, members will be available to buy products made by us.

8. Removed since 10 June 2022

This part of the agreement has been removed in 10 June 2022

9. You agree to release us from liability

In the event that you have a dispute or breach of agreement with one or more users, you release Devslib (and our officers, directors, agents, affiliates, subsidiaries and employees) from all claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes or breaches.

10. You agree to indemnify us

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) harmless from and against any claims, damages, proceedings, losses and damages of every kind and nature, including solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any laws or the rights of third parties.

11. Amendments to terms and conditions

11.1 We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Site.

11.2 Your continued use of the Site following such notification will represent an agreement by you to be bound by the Agreement as amended.

12. Obligations of members

Part A - Purchaser

Part A specifically applies to you if you use the Site to enter into a transaction to purchase Products. 

12. A.1 Our right to cancel the transaction

You acknowledge that, despite our reasonable precautions, products and services may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

12. A.2 Purchases made on the site

12. A. 2.1 You may not cancel an order once it has been submitted.

12. A. 2.2 Without limiting the generality of any other clause of this Agreement, If we reject your offer to purchase the Product(s) for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We are not required to give reasons for rejecting your offer to purchase.

12. A. 2.3 We give no undertaking as to the availability of Products advertised or made available on this Site.

12. A. 2.4 Delivery of the Product to you will be effected in the manner described on this Site.

12. A. 2.5 Title in the Product does not pass to you until payment has been received.

12. A. 2.6 You agree that the risk of loss or damage that occurs as a result of the Product is your responsibility.

12. A. 2.7 The Products on the Site are offered for sale only to persons who can make legally binding contracts.

12. A.3 License to use products you purchase on this site

12. A. 3.1 When you purchase a Product from the Site, you are granted a limited licence to use the Product. The license is limited to your use only, and you agree not to engage, directly or indirectly, without the written consent of us or the supplying Member, licensing, sublicensing, promotion, advertising or distribution of the Product.

12. A. 3.2 You agree and acknowledge that where a right of attribution or integrity of authorship is required in relation to a Product, you will provide such right and you will not falsely attribute authorship as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence.

12. A. 4 Refund policy

12. A. 4.1 We will refund any outstanding cash if we are instructed by you to do so.

13. Promotion of the site

We may send you emails upon your consent to inform you about any promotion that is going on our site. You may opt out to receiving such emails by the unsubscribe/opt out link given at the bottom of the email. You can also ask us to remove you from the list by contacting us through email: support@devslib.com

14. Acknowledgement

14.1 You acknowledge that you have read the complete and exclusive statement of this Agreement, understand it, and agree to be bound by its terms and conditions.

14.2 You further agree that you have read the Devslib Privacy Statement, the Devslib Terms of Service and if applicable the Devslib Exclusive Distribution Agreement, understand it and agree to be bound by its terms and conditions.

14.3 To return to the Site click where indicated. By doing so, you acknowledge that you have read, understood and accept the terms and conditions of this Agreement and intend to create a binding legal relationship.

This page was last updated in 08 June 2022