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These terms and conditions were last updated on December 24, 2019.


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The Agreement

This is a legal agreement between the person or organization (“Customer”, “Buyer”, “you”, or “your) agreeing to these Terms of Service (“Terms”) and the applicable WP Charitable licensing entities (“Studio 164a Pty Ltd”, “WP Charitable”, “Seller”, “us,” or “we”). By accepting these Terms, making a purchase, or using any Services provided by us, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and any applicable Service Descriptions (collectively the “Agreement”).

Our website grants you non-exclusive limited license to use the Charitable plugin and other products sold through our website (https://www.wpcharitable.com) by Studio 164a Pty Ltd (the “products”, “plugins”, or “extensions”) in accordance with these Terms & Conditions (the “license”) issued by our company.

1. Plugin Licensing

Charitable and all extensions, unless otherwise stated, are licensed under the GNU General Public License (http://opensource.org/licenses/gpl-2.0.php) version 2.0 or later.

2. Automatic Updates

Automatic Updates are available to customers who have purchased a support license in accordance with the license they have purchased. You may not share or resell access to your support license key.

Updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.

3. Delivery

After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to receive support. If you use the email address you used to purchase the plugin you will have instant access to all support related material.

4. Ownership

You may not claim intellectual or exclusive ownership rights to any of our products. All products are property of Studio 164a Pty Ltd. They are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.

5. Site Content

All site content, including imagery and documentation that is published on https://www.wpcharitable.com is the property of Studio 164a Pty Ltd. Any replicated site content must be authorized in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Studio 164a Pty Ltd.

6. Refunds

Studio 164a Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

We firmly believe in and stand behind our products 100%, but we understand that they cannot work perfectly for everyone all of the time. If you would like to request a refund, please get in touch with our support team.

To be eligible for a refund:

  • You must notify us within 30 days of the original purchase of the plugin.
  • Provide us with a reason for your refund request.

If we are unable to resolve your complaint or further assist you, we will process a refund for you. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of https://www.wpcharitable.com.

7. Support

Studio 164a Pty Ltd offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer support via email or otherwise support WordPress or other WordPress plugins.

Support for the free core Charitable plugin available on WordPress.org is provided via our support system.

Support for any products sold through https://wpcharitable.com is exclusively available to current license holders.

Support and automatic product updates are provided for a term of 12 months from the time of purchase. After 12 months the license will need to be renewed in order to continue receiving support and product updates.

License holders cannot distribute, freely giveaway, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holder’s web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant.

8. Transactional Emails

Studio 164a Pty Ltd may on occasion send you email notifications related to your Charitable product license(s). These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of Charitable. By purchasing products from https://www.wpcharitable.com you agree to receive these transactional emails.

9. Acceptable Use

Studio 164a Ptd Ltd understands and embraces the open source nature of Charitable and all the products sold on https://www.wpcharitable.com. As such, we accept that the use of these products is out of our control.

However, we reserve the right to refuse our service (product licensing, support and any additional related services) to any organization/individual at our discretion. This includes any situation where our services will be used in a way that promotes hate, violence, racial intolerance or pornographic content.

10. Account Suspension

Studio 164a Pty Ltd reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. If an account is suspended no refund will be granted.

11. Price Changes

Studio 164a Pty Ltd reserves the right to modify, change, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.

12. Privacy

All data we collect is used for internal purposes only. We will absolutely never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties, except those specifically contracted to fulfill the processes involved in the hosting, billing, support, metric collection and improvement of our products. You can read the full privacy policy here.

13. Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Studio 164a Pty Ltd rights and obligations to each other.

14. Limitation of Liability

It is an essential pre-condition to you using our website that you agree and accept that Studio 164a Pty Ltd is not legally responsible for any loss or damage you might suffer related to your use of https://www.wpcharitable.com or of any of our Services, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

15. Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Studio 164a Pty Ltd liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

16. Disclaimer

To the fullest extent permitted by law, Studio 164a Ptd Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Studio 164a Ptd Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Studio 164a Ptd Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

17. Disclosure of Information

Studio 164a Ptd Ltd may be required, in certain circumstances, to disclose information in good faith and where Studio 164a Ptd Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

18. Whole Agreement

These terms and conditions represent the whole agreement between you and Studio 164a Ptd Ltd concerning your use and access to Studio 164a Pty Ltd’s website and your use and access to the documents and information on it and the products and Services sold on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

19. Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

20. Jurisdiction

This agreement and this website are subject to the laws of NT and Australia. If there is a dispute between you and Studio 164a Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of NT.