Last updated on June 30, 2019
1. INTRODUCTION & TERMINOLOGY
These Terms of Use (“Terms”) are a legal agreement between you and
Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX
that governs your access to and use of
References to “you” and “your” indicate any person or legal entity that accesses or uses the Service, including those who visit or make a purchase on the Site.
2. USE OF THE SERVICE
Your access to and use of the Service is conditioned on your acceptance of these Terms and our Privacy Policy, and any additional terms that may be provided or presented to you when you use the Service, which are incorporated into these Terms by this reference.
3. ACCEPTANCE
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use the Service.
4. PRIVACY POLICY
Please review our Privacy Policy, which is part of these Terms and can be accessed from any page of the Site.
The Privacy Policy describes how we collect and handle any information gathered from users of the Service.
By accessing or using the Service, including browsing the Site, you expressly consent to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy.
5. SERVICE
We reserve the right to modify the Service and/or prices of the Service offered at anytime on our Site.
5.1 SERVICE – AVAILABILITY
The Company does not guarantee availability of the Service and you may access the Service if and when it is available. The Service may occasionally be down for service upgrades, maintenance, or other reasons. To the maximum extent authorised under applicable law, the Company reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Service at any time and without notice.
5.2 SERVICE – ACCOUNT SECURITY
You agree that the Company may attribute all use of your username and password to you and that you are responsible for all activities that occur under your username and password.
You must notify us immediately if you suspect any unauthorised use of your account or any other breach of security.
5.3 SERVICE – ACCESS SECURITY
You are responsible for the software, hardware and Internet service needed to access and use the Services.
If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
5.4 SERVICE – MINIMUM AGE
You represent and warrant that you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is higher, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age 18 or are otherwise unable to accept and agree to these Terms, you may not use or access the Service.
If we discover or have any reason to suspect that you are not at least 18 years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
5.5 SERVICE – BILLING
We may require payment of fees for use of certain features of the Service. If you purchase paid features of the Service, you agree to pay all applicable fees with an approved credit card that you provide, or via other payment mechanisms that we specify, when completing your Service purchase.
You will be charged immediately, or at the expiration of your free trial period if applicable, for use of the paid features of the Service.
If you purchase one of our other subscription-based services, your subscription will automatically renew at the conclusion of your then-current term, unless you cancel at least 3 days before the conclusion of the then-current term. You must cancel your subscription and turn off auto-renewal to end recurring charges. To cancel, please either use your wplock.io account – if available as described in point 5.1 – or email contact@eligent.group t.
5.6 SERVICE – REFUNDS
Refunds are entirely at our discretion, therefore, all fees paid for the Service are to be considered non-refundable. However, if you are dissatisfied with the Service, please email contact@eligent.group with all the details.
We will evaluate all enquiries on a case by case basis and proceed with a voluntary refund if we consider it necessary.
5.7 SERVICE – PAYMENT DETAILS
You may make payment for the Service using a payment card or other payment method accepted by our third party payment processor. The credit card information that you provide is encrypted and transmitted directly to our third party payment processor. We do not store your credit card information. For more information about our use of third party service providers, please see our Privacy Policy.
6. INTELLECTUAL PROPERTY RIGHTS
The Service is based in the United Kingdom. If you use the Service outside of the United Kingdom, you are responsible for compliance with all local laws. The Service and all photos, information, graphics, text, images, sounds, and other materials (including metadata) that are provided to you through the Service (“Content”) are owned by the Company and its licensors.
The Company owns all rights and interest (including intellectual property rights) in the Service and the Content and reserve all rights not expressly granted to you in these Terms. The Service and the Content are protected by copyright and other intellectual property laws. The Company’s logos and trademarks referenced and used in the Service and the Content are the trademarks of the Company and its licensors. Any other company names, product names, service names, and logos referenced in the Service or the Content may be the trademarks of their respective owners.
7. USAGE
Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive right to use the Service and Content in connection with your WordPress website.
Any breach of these Terms will result in the immediate revocation of the license granted in this paragraph.
7.1 You agree not to copy, distribute, or resell the Service, except as may be specifically provided in another agreement between us that provides you with any of those rights.
7.2 You agree to comply with all applicable laws relating to your use of the Service.
7.3 You agree to use the Service only as expressly permitted in these Terms.
7.4 You agree not to otherwise disassemble, decompile, or reverse engineer any portion of the Service.
7.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Service or its features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content.
7.6 You may not use the Service for any illegal purpose.
7.7 You agree not to use the Service in any way that would interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity (including the Company); to upload, post, or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; or to harass or otherwise harm any other person or entity. Any unauthorised use of the Service may result in termination of all rights to use the Service and may be subject to legal action.
8. UPDATES
The Company has no obligation to and may not provide updates for the Service.
10. THIRD PARTIES (PRODUCTS, SERVICES, WEBSITES, LINKS)
The Company does not endorse or sponsor any third party products or services and we have no control over such products or services. The Company is not responsible for any malfunction or error attributable to your use of a third party product or service. The Site may contain links to third party websites (“Linked Sites”) that we think may be of interest to you. The Company does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies, which you should review.
11. BLOG & COMMENTS
Users may be permitted to post or submit user comments, statements, or other information to us or the Service, such as in response to our blog content (wplock.io/blog) (“User Content”).
11.1 All User Content or other content posted by users reflect the views of the individual contributors and do not reflect the views of the Company.
11.2 The Company takes no responsibility and assumes no liability for any material posted by you or any third party. We reserve the right to remove User Content from the Site that is offensive, repetitive, acts as advertisements, or poses a risk to our users or the Service.
11.3 You grant to Company royalty-free, perpetual, fully-paid, sublicensable, transferable, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content you make available through the Service.
11.4 You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User Content will not violate any law.
11.5 You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights, and if you do, you are breaching this contract.
11.6 You are solely responsible for all content you provide to us or make available through the Service.
12. FEEDBACK
You agree that if you provide us any suggestions, comments, or other feedback about the Service (“Feedback”), the Feedback is given voluntarily and we are free to use, disclose, reproduce, distribute, and otherwise exploit the Feedback without any obligations or restrictions of any kind.
13. COPYRIGHT INFRINGEMENTS
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send get in touch via either email at contact@eligent.group or via mail at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
We will work with you to resolve this as soon as possible.
14. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE COMPANY OR ITS AFFILIATES AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR NEEDS OR EXPECTATIONS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, NOR DO WE WARRANT THAT ANY DEFECTS OR ERRORS WITH THE SERVICE WILL BE CORRECTED.
15. DISCLAIMER OF CERTAIN DAMAGES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS; LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION; OR ANY OTHER LOSS OR ANY KIND, WHETHER FORESEEABLE OR NOT, BASED ON, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, EVEN IF WE OR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE MONIES PAID BY YOU TO COMPANY IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM OR $10, WHICHEVER IS GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
17. INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site and Service, including any data or content transmitted or received by you; (ii) your violation of these Terms; or (iii) your violation of any third-party rights, including without limitation any privacy or intellectual property rights.
18. CHANGES TO THESE TERMS
We reserve the right to change these Terms at any time upon notice to you. We may give notice by making the updated Terms available through the Service or by any other reasonable means. You can review the most current Terms at any time from any page of the Site (footer area).
When we change these Terms, we will require you to accept the updated Terms to continue using the Service. If you do not accept the updated Terms, you may not continue to use the Service. Updated Terms are binding on you on the effective date indicated at the top of these Terms.
19. NOTICES
We may give you all notices (including legal process) that we are required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to us. You acknowledge that if you do not provide us with current and accurate contact information, we may not be able to contact you.
20. GENERAL
These Terms, together with any amendments, incorporated terms or policies, and any additional agreements you may enter into with the Company, will constitute the entire agreement between you and the Company. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms will be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision..
If you have any questions or concerns in regards to these Terms, please contact contact@eligent.group