01. Acceptance of Terms
WP Gateways provides software and website services to you subject to the following Terms of Service (“TOS”). If you do not agree to the TOS, then you should not use the WPGateways.com website.
02. Product License
The WordPress themes and plugins authored by WP Gateways, are licensed under the GNU general public license. This does not mean our products are free. Customers must first purchase our products and then they may use them on as many websites as they like. Support and customer accounts are only available to those who purchase our products.
03. Product Compatibility
WP Gateways is committed to keeping all themes up-to-date and working with the latest version of WordPress. Our themes are developed for WordPress 4.0 or higher and any version prior to that may have problems with some theme functionality. We do not guarantee that our products will work with other plugins or custom development done by a third party.
04. Refund Policy
All sales are final since WP Gateways’ products are software and instantly downloadable digital media. Once you have our software, there is no way to “return” it.
WP Gateways offers a 100% Customer Satisfaction Guarantee in that we guarantee the quality of our products. If a product of ours does not perform as advertised we will guarantee your refund. Due to the non-tangible nature of our products the refund is at our full discretion that we honor a refund request. We will only consider a refund request after you have sent us a support request agreeing to follow the conditions in section 5.
Since WP Gateways offers non-tangible irrevocable goods WP Gateways will not entertain any dispute or charge-back claims posted directly via your credit card issuer or WP Gateways’ payment processors including PayPal. As a customer you are responsible for understanding this upon purchasing any item at our site. WP Gateways reserves the right to suspend and/or terminate your user account because of such a claim. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply and for this reason we may use our discretion to honor a refund.
05. Product Support
Each individual product purchased from WP Gateways includes support for a period of 12 months. WP Gateways’ products and designs are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins.
We do, however, offer support via email. You may only make support requests via the contact form displayed on the Contact Us page, and subsequently via email once you receive a reply, unless specially asked to connect via phone or Skype. Support also does not cover installation, customization, and/or administration of WordPress itself.
WP Gateways reserves the right to decline any support request it deems as unreasonable or violating its terms of service, including from customers who post dispute or charge-back claims posted directly via your card issuer or WP Gateways’ payment processors PayPal and Stripe. For more information, please refer to our support policy.
06. Product Updates
Each individual product purchased from WP Gateways includes complimentary updates for a period of 12 months. We do not guarantee that product updates will made forever, but WP Gateways does its best to improve each product over time and make sure they will work with the latest version of WordPress.
07. Product Subscription
As mentioned above, you receive support and product updates upon your purchase for a period of 12 months. After the initial period of 12 months you will need to pay a year on year fee of 50% of the original purchase price to continue receiving the same for as long as your are subscribed. You will automatically be subscribed for product support and upon the initial purchase and you can cancel your subscription anytime from your WP Gateways account.
08. Software Modifications
09. Customer Accounts
Customers will be required to create a WP Gateways account when purchasing any of our products and/or services. They are responsible for maintaining the confidentiality of their password and are not permitted to share and/or distribute their account login details. Customers are fully responsible for all activities that occur under their account and agree to immediately notify WP Gateways of any unauthorized use of their account or any other breach of security. WP Gateways will not be liable for any loss or damage arising from customer failure to comply with these terms. Please note that WP Gateways requires that all users be over the age of 13 to have a customer account.
10. Account Termination and Suspension
WP Gateways reserves the right to suspend and/or terminate any user account without notice, in its sole and absolute discretion. No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination include: 1) Abusive behavior and/or excessive negativity towards the WP Gateways staff and/or other WP Gateways customers; 2) Repeated defamatory, malicious, and/or false statements including slander against WP Gateways, and/or attempts to persuade potential customers away from purchasing WP Gateways products; 3) Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts; 4) WP Gateways reasonably believes that your account has been compromised, shared with others, or for other security reasons.
11. Software Ownership
Customers may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of WP Gateways.
12. Product Delivery
After we have successfully received customer payment, the downloadable product will be lodged in your WP Gateways customer account and will also be emailed to the email address provided during signup. This may take up to 30 minutes after purchase but usually happens within 5-10 minutes. Purchases made via e-check take anywhere from 3-7 days to clear before customers will have access to download their purchase(s). If a customer does not wish to wait that long, they can make their purchase via credit card or PayPal.
13. Price/Product Changes
WP Gateways reserves the right at any time to modify and/or discontinue a product with or without notice. Further, we may add new products and/or services with or without notice. Prices of any products are subject to change at any time by posting the changes to the WP Gateways website.
14. Copyright Claims
WP Gateways respects intellectual property rights. To send a copyright infringement notification to WP Gateways.com, please send the following information (Copyright Claim) to Support(at)WPGateways.com:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WP Gateways to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit WP Gateways to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Business Use Of Our Goods and Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify WP Gateways and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Good or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
16. Product Warranty
WP Gateways guarantees that our products will provide commercially reasonable functionality with WordPress 4.0+, without any WordPress plugins installed. Other than this, WP Gateways does not provide any warranty.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WP GATEWAYS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT ITS GOODS OR SERVICES. FOR EXAMPLE, WP GATEWAYS DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GOODS OR SERVICES, THE SPECIFIC FUNCTION OF THE GOODS OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE GOODS AND SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
17. Liability For Our Products And Services
WHEN PERMITTED BY LAW, WP GATEWAYS, AND WP GATEWAYS’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WP GATEWAYS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID WP GATEWAYS TO USE WP GATEWAYS’ GOODS AND/OR SERVICES.
IN ALL CASES, WP GATEWAYS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Updates To TOS.
The TOS may be updated from time to time, but never retroactively. We will post notice of modifications to the TOS on this page, and they will become effective no less than fourteen days after they are posted. However, changes addressing new functionality, or to address changes in the law, or for other urgent legal reasons may be made effectively immediately.
Other Guidelines Or Terms.
If there is a conflict between this TOS and those for a specific WP Gateways service, the terms for the specific service will prevail.
No Third Party Beneficiaries.
These terms control the relationship between WP Gateways and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and WP Gateways does not take action right away, this doesn’t mean WP Gateways is giving up or waiving any rights, such as the right to take action in the future.
If a particular term in the TOS is not legally enforceable, it will not affect the other terms.
Applicable Law and Venue.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts in Gujarat, INDIA, and you and WP Gateways consent to personal jurisdiction in those courts.