User Privacy Commitment
Your privacy is a priority to us. Digi Peddler respects your privacy concerning all information we might gather from you via our website, https://www.DigiPeddler.com/, as well as other platforms we possess and manage.
We ask for personal details only when necessary to deliver a service to you. This data is collected justifiably and lawfully, with your awareness and approval.
The data we collect is kept only for the duration needed to deliver your requested service. Any stored data is safeguarded by commercially acceptable means to avoid loss, theft, as well as unauthorized access, disclosure, replication, usage, or alteration.
We maintain any personal identification information confidential and have stipulated the objectives and third-party tools/services utilized by Digi Peddler below.
Our website may provide links to external sites not managed by us. We caution you that we do not have control over the content and practices of these sites, nor can we be responsible or accountable for their respective privacy policies.
You can choose to deny our request for your personal information, knowing that we might be unable to provide some of your requested services.
Your ongoing use of our website implies acceptance of our practices regarding privacy and personal data. For inquiries about how we handle user data and personal details, feel free to reach us at support@DigiPeddler.com or through the contact information below.
This policy is valid from June 1st, 2023.
Owner and Data Controller
275 medical dr
Carmel IN 46082
Owner Contact Email
Collected Personal Data for the Following Purposes and Using the Following Services:
Personal Data: Cookies; Usage Data
Contact Form – Gravity Forms
Personal Data: Company; email address; first name; last name; eCommerce platform; POS; phone number; website
Contact Management and Message Sending
Mailchimp Email, Constant Contact
Personal Data: Company name, first name, last name, title, eCommerce Platform, POS, phone, email address; Usage Data
Personal Data: email address
Personal Data: Cookies; Usage Data
Facebook Custom Audience
Personal Data: Cookies; email address
Personal Data: Cookies; Usage Data
Terms of Service
Acceptance of These Terms of Service
Digi Peddler, Inc. offers services to vineyards, brewers, distillers, and other producers and providers of alcoholic beverages to incorporate our e-commerce tools into their websites and allow visitors to submit orders of their products to a third-party retailer. Your ability to access these tools and services is subject to the conditions contained in these Terms of Service. By accessing or using the Service, you accept these Terms of Service. If you do not accept these terms and conditions, you will not use the Service.
We hold the right to modify these Terms of Service at our discretion. We will post the changes on this page and indicate the date these Terms of Service were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service.
PLEASE CAREFULLY READ THESE TERMS OF SERVICE, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Preserving Your Privacy
Usage and Accessibility of the Service
Service Description: The Service is designed to facilitate direct purchase of the Products from a Retailer. When you opt for a Product and utilize the Service to provide your payment details, you are presenting an order to a Retailer for approval or denial (each such approved order, henceforth termed as a “Qualifying Purchase”). Further details about Qualifying Purchases, Products, and Retailers are elaborated below.
Account Details, Password, and Security: You are accountable for maintaining the confidentiality of your password and account details, if any, and are entirely responsible for all activities that occur under your password or account. You commit to (a) promptly inform Digi Peddler of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Digi Peddler will not bear any liability for any loss or damage arising from your failure to comply with this section.
Alterations to Service: Digi Peddler reserves the right to alter or cease, temporarily or permanently, the Service (or any part thereof) with or without notification. You agree that Digi Peddler will not be liable to you or to any third party for any alteration, suspension, or discontinuance of the Service.
Standard Practices Regarding Use and Storage: You acknowledge that Digi Peddler may establish standard practices and limits concerning the use of the Service, including the maximum duration that data or other content will be retained by the Service and the maximum storage space that will be allotted on Digi Peddler’s or its third-party service providers’ servers on your behalf. You agree that Digi Peddler bears no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Digi Peddler reserves the right to terminate accounts that are inactive for a prolonged period. You further acknowledge that Digi Peddler reserves the right to modify these standard practices and limits at any time, at its sole discretion, with or without notification.
Pricing: Brands cannot establish prices for Products on the Brand’s Site as these Products are sold by Retailers, who may have fluctuating prices. A Retailer may alter the prices for Products at any time, and/or stop offering Products. Delays may occur in updating information on the Brand’s Site regarding Products. Products may be mispriced, inaccurately described, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Brand’s Site. Despite anything to the contrary herein, the actual price for the Products as sold by Retailers will be displayed to you prior to your purchase within the Service.
You agree to cover the costs for taxes, shipping or carriage of the Products as such costs are specified on the Brand’s Site when you submit your Qualifying Purchase.
Orders: If you wish to purchase any Products using the Service, you agree to provide your payment information at the time you submit a request for Products (each, an “Order”). All Orders are subject to the acceptance of the applicable Retailer, although you may receive written confirmation via email or your account on the Service that the Order has been transmitted. All Qualifying Purchases must be for your personal use only, or the use of other individuals who are 21+ to whom you may “gift” a Product. By placing an Order, you hereby agree not to resell or distribute such Products for any commercial purposes. Additionally, all Orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms of Service, or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your Order is not for personal use, we reserve the right to reject or cancel any Order that you place. We also reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
Retailer Policies: All Orders are subject to the terms and conditions of the applicable Retailer, if any (the, “Retailer Policies”). Retailer Policies may include policies regarding shipping, refunds, rejections, exchanges, and cancellations of Orders. We cannot guarantee that the Retailer will comply with their Retailer Policies. The Retailer Policies are subject to change; before placing any Orders, you must review the applicable Retailer Policies as they may be updated, and will govern the purchase of any Products. As between Digi Peddler and you, in the event of a conflict between the Retailer Policies and these Terms of Service, these Terms of Service will govern.
Returns, Refunds: All requests for returns, adjustments, exchanges, cancellations, and refunds of Qualifying Purchases should be directed to the applicable Retailer. All returns, adjustments, exchanges, cancellations, and refunds are subject to the terms of the applicable Retailer Policies.
Delivery: You acknowledge that the final delivery of your Products is performed by the Retailer and its third-party partners, suppliers, and vendors. You agree to comply with any Retailer Policies related to the delivery of your Products, including your obligation to be physically present at the time of delivery and to display a validly issued form of identification demonstrating proof of your legal age, and acknowledge that Digi Peddler is not responsible for your failure to comply with the requirements contained therein.
Qualifying Purchases: You agree to ensure sufficient funds or credit available upon placement of any Order to ensure that the purchase price will be collectible by Digi Peddler.
Payments: Your payment will be processed by either Stripe or the Payment Processor as appropriate. The data you provide to Stripe or the Payment Processor is safeguarded by the terms outlined in the Payment Processor Agreements. We are not liable for any issues relating to the performance of Stripe or the Payment Processor. You affirm that the information provided is accurate and that you have the authority to utilize the chosen payment method. You must promptly update your account details whenever there are changes such as modifications to your billing address or credit card expiry date. The agreed amount for the Qualifying Purchase as stipulated in these Terms of Service is payable to the Retailer. All state and local taxes associated with the Qualifying Purchase are your responsibility. If we find that your eligible payment methods have been declined or your payment fails for any reason, we reserve the right to immediately cancel your Order or Qualifying Purchase. If you dispute any charges, Digi Peddler must be informed via email at support@DigiPeddler.io within thirty (30) days from the date you are charged by Digi Peddler.
Access and Use Conditions
User Behavior: You bear sole responsibility for any code, information, data, and other content you provide to Digi Peddler (“User Content”), including content inputted or uploaded through the Service. The following examples are illustrative of activities that are illegal or prohibited by Digi Peddler. Digi Peddler holds the right to investigate and take suitable legal action against anyone violating this provision, potentially including suspension or termination of the violator’s account and notifying law enforcement authorities. The Service must not be used to:
a) Disrupt the Service or servers or networks linked to the Service, or disregard any requirements, procedures, policies, or regulations of networks connected to the Service;
b) Infringe any applicable local, state, national, or international law, or any regulatory laws;
c) Impersonate any individual or entity, or falsely state or otherwise misrepresent your association with a person or entity;
d) Harvest or collect contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited communications;
e) Encourage or promote any criminal activity or provide instructional information about illegal activities;
f) Attempt to access or obtain any content or information through means not deliberately provided through the Service;
g) Bypass, alter, disable, degrade, or circumvent any content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks; or
h) Engage in or use data mining, robots, scraping, or similar data gathering or extraction methods. If Digi Peddler blocks you from accessing the Service (including by blocking your IP address), you agree not to implement measures to bypass such blocking (e.g., by concealing your IP address or using a proxy IP address or virtual private network).
Competition: Employees, independent contractors, agents, or affiliates of any rival ecommerce services company are not allowed to access or use any part of the Service without explicit written permission from Digi Peddler. By accessing or using the Service, you declare and warrant that you are not a competitor of Digi Peddler or any of its affiliates, or acting on behalf of a competitor of Digi Peddler in accessing or using the Service.
Mobile Services and Software
Mobile Services: The Service incorporates certain services that are accessible via a mobile device, including browsing the Service from a mobile device (the “Mobile Services”). If you use the Mobile Services, standard charges, data rates, and other fees from your wireless service provider may apply. Certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using Mobile Services, you consent to us sending you SMS, MMS, text messages, or other electronic communications regarding Digi Peddler and other entities to your mobile device and that certain usage data of the Mobile Services may be communicated to us. If you change or deactivate your mobile phone number, you agree to promptly update your Digi Peddler account to ensure your messages do not get sent to the person acquiring your old number.
Ownership; Limitations: The technology and software underlying the Service, or distributed with it, are the property of Digi Peddler, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create derivative works from, reverse engineer, or otherwise attempt to discover the source code of the Software, sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted in these Terms are reserved by Digi Peddler.
International Use Notice; Export Controls: Digi Peddler is based in the United States. Accessing or using the Service from outside the United States is at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with laws in your specific jurisdiction. Software related to the Service and the transmission of applicable data is subject to United States export controls. No Software may be downloaded from the Service or exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Open Source Software: The Software may include or be provided alongside open-source software. Each open-source software item is subject to its own license terms, which can be found at: https://www.DigiPeddler.com/privacy/. If any open-source software license requires, Digi Peddler makes such open-source software, and any modifications to that open-source software by Digi Peddler (if any), available upon written request to support@DigiPeddler.io. The copyrights to the open-source software are held by their respective copyright holders as indicated therein.
Rights Regarding Intellectual Property
Content of the Service: It should be noted that the content or features provided by the Service (“Service Content”) are safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. You are expected to adhere strictly to Digi Peddler’s explicit authorization, refraining from altering, copying, framing, scraping, renting, leasing, loaning, selling, distributing, or creating derivative works based on the Service or the Service Content, either in part or in full. Unauthorized use of the Service or Service Content is strictly prohibited.
Trademarks: The Digi Peddler name, including its logos, are trademarks and service marks of Digi Peddler (collectively referred to as the “Digi Peddler Trademarks”). There may be other names, logos, products, and services used and displayed through the Service that are trademarks or service marks belonging to their respective owners. These owners may or may not be affiliated with or endorse Digi Peddler. Nothing in these Terms of Service or within the Service should be interpreted as granting any license or right to use any Digi Peddler Trademarks displayed on the Service, without receiving our prior written consent in each instance. All goodwill generated from the use of Digi Peddler Trademarks will benefit us exclusively.
Third-Party Content: Digi Peddler is not liable in any way for content or materials from third parties (including users), including errors or omissions in any content, or for any loss or damage incurred as a result of using any such content. Digi Peddler does not pre-screen content, but retains the right to refuse or remove any content available via the Service at its discretion. Any content violating these Terms of Service or deemed objectionable by Digi Peddler can be removed. All risks associated with the use of any content are borne by you.
User Content: You assert that you possess all right, title, and interest in and to User Content, including all copyrights and rights of publicity contained therein. Digi Peddler is hereby granted a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, and irrevocable license to use your User Content in connection with the operation of the Service. You accept all risk associated with your User Content and its transmission, and you alone are responsible for its accuracy, quality, legality, and appropriateness.
Submissions: Any comments, suggestions, ideas, feedback, reviews, or other information about the Service provided by you to Digi Peddler are non-confidential, and Digi Peddler can use and disseminate these for any purpose without acknowledging you or providing compensation.
Content Preservation and Disclosure: Digi Peddler may preserve User Content and may disclose User Content if legally required or if such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws, or government requests; enforce these Terms of Service; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of Digi Peddler, its users, or the public.
Third-Party Services and Websites
The Service may offer links or access to third-party services, sites, technology, and resources (“Third-Party Services”). The use of these Third-Party Services is likely subject to additional terms and conditions and privacy policies. Digi Peddler is not responsible for such Third-Party Services, including their accuracy, availability, reliability, or completeness, or their privacy practices. You are responsible for any costs and charges associated with your use of any Third-Party Services. Digi Peddler only enables these Third-Party Services for convenience, and their inclusion does not imply endorsement or recommendation. You assume all responsibility for any dealings you have with third parties while using the Service. Digi Peddler will not be held accountable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
You commit to safeguard, protect, and hold unaccountable Digi Peddler, its associates, and its officers, workers, directors, providers, licensors, and agents (collectively referred to as the “Digi Peddler Parties”) from all losses, damages, costs, including reasonable legal fees, rights, claims, any kind of actions, and harm (including death) stemming from or associated with your usage of the Service, any User Content, your connection to the Service, your infringement of these Terms of Service, or your infringement of any rights of another person or entity. However, you have no obligation to safeguard or protect any Digi Peddler Party from liabilities, losses, damages, or costs borne as a result of any action or inaction of such Digi Peddler Party. You will receive notice from Digi Peddler of any such claim, lawsuit, or proceeding. Digi Peddler retains the right to take up the sole defense and control of any issue which is subject to indemnification under this section, and you pledge to collaborate with any reasonable requests assisting Digi Peddler’s defense of such matter. You may not settle or compromise any claim against the Digi Peddler Parties without Digi Peddler’s written approval.
Your usage of the Service is at your own discretion. The Service is offered “as is” and “as available”. The Digi Peddler Parties explicitly disclaim all warranties of any kind, whether direct or implied, including implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement. The Digi Peddler Parties offer no guarantee that (A) the Service will fulfill your requirements; (B) the Service will be continuous, timely, secure, or error-free; (C) the results from using the Service will be accurate or reliable; or (D) the quality of any products bought or obtained by you through the Service will meet your expectations.
Digi Peddler merely offers the Service as a marketplace solution for you to buy and receive products from retailers. By placing an order, you create an agreement between yourself and the retailer. Digi Peddler only aids in processing or placing these orders, and does not guarantee, endorse, or control any brands, products, or retailers. Information posted by a brand or a retailer may contain errors or inaccuracies and may not be complete or current. Digi Peddler does not ship or inspect any products, and Digi Peddler does not guarantee that a retailer will actually fulfill a qualifying purchase.
Limitations on Liability
You expressly understand and agree that the Digi Peddler Parties will not be responsible for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including damages for loss of goodwill, use, or data or other intangible losses (even if the Digi Peddler Parties have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (A) the use or the inability to use the Service; (B) a minor’s use of the Service to illegally obtain possession of alcoholic beverages (C) the cost of procurement of replacement products; (D) unauthorized access to or alteration of your transmissions or data; (E) statements or conduct of any third party on the Service, including any brand or any retailer; or (F) any other matter relating to the Service.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service.
Dispute Resolution By Binding Arbitration
It’s essential that you read this section thoroughly as it impacts your rights.
Binding Arbitration Agreement: This section, known as the “Arbitration Agreement”, pertains to our agreement to resolve any disputes or claims that arise between you and Digi Peddler through final and binding arbitration instead of court litigation. This includes any disputes arising from these Terms of Service, the Service, any advertising, or our relationship. Small claims court and federal, state, or local agencies can still be utilized where appropriate. By agreeing to these Terms of Service, both you and Digi Peddler waive the right to a jury trial or class action. A neutral arbitrator will decide your rights, not a judge or jury, under the Federal Arbitration Act, which governs this agreement.
Class and Representative Actions Prohibition: Both parties agree to make claims on an individual basis only. The arbitrator cannot combine multiple parties’ claims unless we both agree to it, and cannot preside over any consolidated, representative, or class proceeding. The arbitrator can only award relief to the party seeking it, and only as necessary based on that party’s individual claim(s).
Pre-Arbitration Dispute Resolution: Digi Peddler aims to resolve disputes amicably. Most issues can be resolved by emailing customer support at support@Digi Peddler.io. If this doesn’t resolve the issue, the party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) by certified mail. The Notice should describe the nature of the claim or dispute and the specific relief sought. If the claim isn’t resolved within 60 days of receiving the Notice, either party can commence arbitration.
Arbitration Procedures: A neutral arbitrator will conduct arbitration following the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there’s any inconsistency between the AAA Rules and this Arbitration Agreement, the Arbitration Agreement will control unless the arbitrator decides otherwise.
Costs of Arbitration: The AAA Rules will govern payment of all Arbitration Fees. If the value of the relief sought is $75,000 or less, Digi Peddler will pay all Arbitration Fees at your request. If the value of relief sought is more than $75,000 and you can demonstrate economic inability to pay your share of the Arbitration Fees, or if the arbitrator decides that you shouldn’t have to pay your share, Digi Peddler will cover it.
Confidentiality: All aspects of the arbitration proceeding will remain strictly confidential.
Severability: If any term of this Arbitration Agreement is found invalid or unenforceable, it will be replaced with a valid and enforceable term that most closely matches the original intent. If the entire Arbitration Agreement is deemed null and void, the rest of these Terms of Service will still apply.
Future Changes to Arbitration Agreement: Any future changes Digi Peddler makes to this Arbitration Agreement will only apply if you continue to use the Service after the changes have been made. If you reject any such changes by sending Digi Peddler written notice within 30 days of the change, the Arbitration Agreement will remain as is.
Termination: Digi Peddler may suspend or terminate your account or use of the Service at any time, for any reason, including if you violate these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be reported to law enforcement authorities. Digi Peddler can also stop providing the Service, in whole or part, at any time, with or without notice. You agree that Digi Peddler isn’t liable for any termination of your access to the Service.
General Provisions: The entirety of your interaction with Digi Peddler, including your use and access to the Service, is governed by these Terms of Service and any preceding agreements between you and Digi Peddler related to the Service are superseded by these terms. Additional stipulations may apply if you employ Third-Party Services, content, or software. Governed by New York State law, these Terms of Service do not consider conflict of law provisions. Non-arbitration related disputes or claims are subject to exclusive jurisdiction of state and federal courts located within New York, New York. Digi Peddler’s non-exercise or non-enforcement of rights or provisions of these Terms of Service does not amount to a waiver of those rights or provisions. Even if a competent court finds a provision of these Terms of Service invalid, all other provisions remain in full force, with the court seeking to maintain the intention of the parties as reflected in the invalid provision. Claims or causes of action related to the Service or these Terms of Service must be filed within one (1) year after their emergence or they will be perpetually barred. A printed version of these Terms of Service and any electronically delivered notice are acceptable in judicial or administrative proceedings. You cannot assign these Terms of Service without Digi Peddler’s prior written consent. Digi Peddler may transfer or assign these Terms of Service, in whole or in part, without limitation. The section titles in these Terms of Service are for convenience only and carry no legal or contractual weight. The terms “include” and “including,” and their variations, are not limitative but should be followed by the phrase “without limitation.” Notices to you may be given through email or regular mail, or by displaying them on the Service. Digi Peddler is not liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control, including but not limited to civil unrest, natural disasters, power or network fluctuations, or equipment unavailability.
California Users Notice: California Civil Code Section 1789.3 entitles users of the Service from California to specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted for this purpose.
U.S. Government Restricted Rights: The Service is provided to the U.S. government with “RESTRICTED RIGHTS.” The U.S. government’s use, duplication, or disclosure of the Service is governed by the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. The U.S. government’s access or use of the Service acknowledges our proprietary rights in the Service.
Queries, Issues, Suggestions?: In case of any questions regarding these Terms of Service or the Service, or to report violations of these Terms of Service, kindly reach us at support@DigiPeddler.com.