1. IMPORTANT INFORMATION
You should carefully read the following Terms and Conditions. Your purchase or use of our products/ services implies that you have read and accepted these Terms and Conditions.
2. LICENSE
Our website grants you three possible types of license to use the products / services sold through our website in accordance with these Terms and Conditions (the “license”) issued by our company, as follows:
2.1 USER SERVICE LICENSE You may be granted a One Time Installation License in case of purchasing a website template from us at a Non-Unique Price. It enables you to use each individual project / service on a single website only, belonging to either you or your client. You have to purchase the same project / service again if you to use the same project / service in connection with another or other projects;
2.2 CUSTOM SERVICE LICENSE You may be granted a Custom Service License which entitles you to avail a service to create a suitable project / service specifically mend for you. By having this license you are not permitted to redistribute or resell this project / service to anyone else. You can apply for the license at contact.neeraj.wexcore@gmail.com;
2.3 DISTRIBUTION SERVICE LICENSE You may be granted an Outright Service License which entitles you to avail a service to create a suitable project / service specifically mend for you. Having this license, you are entitled to redistribute or resell your project / service without modification after receiving the license. You can apply for the license at neeraj.wexcore@gmail.com;
3. Annual hosting charges shall be applicable to all licenses if the project(s) / service(s) are hosted by us. These charges are set to revise annually for all types of licenses separately.
4. IMAGERY, CLIP-ARTS AND FONTS
All imagery, clipart, fonts and videos used in our products are royalty-free and are the meant for initial installation which shall be replaced by the corresponding client resources respectively . All images and illustrations used in the project / service can be used as is, or changed when required.
5. MODIFICATIONS
You are authorized to make necessary modification(s) to your project(s) / service(s) resources (images, clipart, logo, videos) without infringing upon the code inherent in the installation regardless of the type of license purchased.
6. UNAUTHORIZED USE
If you have not received the Outright Service License, you shall not distribute any of our project(s) / service(s) on CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.
6. ASSIGNABILITY
You shall not sub-license, assign, or transfer the any mentioned above to any entity without prior written consent from our company.
8. OUR REFUND POLICY
Since themeorbit.com is offering non-tangible, irrevocable items we do not issue refunds after the project / service is bought, which you acknowledge prior to purchasing any project /service at our site. Please make sure that you’ve carefully read ‘refund-policy’ section. We only make exceptions with this rule when the project / service appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is one week after the purchase date.
9. OWNERSHIP
You do not claim intellectual property right or exclusive ownership to any of our project(s) / service(s), modified or unmodified. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
10. INSTALLATIONS
We do not install any of our project(s) / service(s) which require any framework except WEC. Installation is a paid service which is not included in the package price unless bound by the type of service license.
11. THIRD-PARTIES SERVICES
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
12. REGISTRATION/PURCHASE
Purchasing from the Site may optionally require you to register. If registration is performed, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit:
12.1 any other person using the registered sections under your name; or
12.2 access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Themeorbit.com retains the sole right and authority to accept or reject your registration, or to terminate registration once accepted, for any reason that it deems appropriate.
13. ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content.
14. THIRD PARTY CONTENT
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
15. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
16. LIMITATION OF LIABILITY
16.1 We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
• any errors in or omissions from the Site or any services or projects obtainable therefrom,
• the unavailability or interruption of the Site or any features thereof,
• your use of the Site, • the content contained on the Site, or
• any delay or failure in performance beyond the control of a Covered Party.
16.2 the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the projects, information, documents and services provided herein or hereby shall not exceed INR1000 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
17. PAYMENTS
You represent and warrant that if you are purchasing something from us or from Merchants that any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes.
18. GOVERNING LAW AND JURISDICTION
By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the India, without regard to the conflict of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction of the courts of Delhi only in India with respect to any such matters relating to your access or use of this website and/or its products.
19. INFORMATION DISCLOSURE
You may not disclose any order information including, but not limited to, Order ID, download link, etc. Our company reserves the right to change or modify the terms and conditions without prior notice