Terms and Conditions
Introduction
- DiviWP is operated by Clickshape Pty Ltd, Registration number 2012/010931/07.
- These terms and conditions govern the use of DiviWP’s website (https://diviwp.com), all products and services offered by DiviWP and all communications that you receive from DiviWP.
- By using DiviWP’s website and/or subscribing for any products or services offered by DiviWP, you agree to be bound to these terms and conditions and any amendments thereto.
- These terms and conditions are subject to change from time to time.
- We respect the privacy of all users of DiviWP’s website and those who subscribe for any products and services offered by DiviWP in accordance with our Privacy Policy, which is incorporated into these terms and conditions by reference.
- Prices of all products and services are subject to change without prior notice or consent.
Subscription
- DiviWP offers products and services via its website on a Yearly Access subscription and once-off Lifetime Access payment basis. You may choose to subscribe for 12 months or indefinitely.
- Unless otherwise stated, an active Yearly Access subscription or once-off Lifetime Access payment to DiviWP shall entitle you to access all Layouts, Sections and Templates offered by DiviWP for the duration of your subscription.
- Where you elect to subscribe to the Yearly Access option, your subscription will be valid for a period of 1 year from receipt of payment, after which time your subscription will be automatically renewed annually. You may opt-out of automatic renewals at any time by changing your subscription settings in your DiviWP account.
- If Discount Codes are used, they will apply only to the initial subscription payment and not all payments thereafter. Your subscription will renew at the original yearly subscription price and not the discounted price.
- All payments for subscriptions are collected via Stripe or PayPal in accordance with their respective terms and conditions.
- DiviWP is not responsible for any taxes levied by any government in relation to your subscription.
Licensing and intellectual property
- You may use DiviWP’s products on as many client websites as you like. Email [email protected] for enterprise licenses and associated pricing.
- If you are unsure if your use-case is covered by our license then please email us at [email protected] with your questions.
- All included Photoshop, Figma or Sketch files in DiviWP’s download package are copyrighted with all of DiviWP’s rights reserved.
- All products and services available for download via DiviWP have been developed by and are owned by DiviWP.
- All content on DiviWP’s website is copyrighted with all of DiviWP’s rights reserved.
- You may not claim intellectual or exclusive ownership to any of DiviWP’s products.
- All products which are made available for download are subject to use in terms of the GNU Public License Version 2 (GPLv2).
Support
- DiviWP provides support for its products for users with active Yearly Access subscriptions or Lifetime Access via a support ticketing system.
- Upon the expiration or termination of a Yearly Subscription, access to support and updates is terminated.
- Unless otherwise stated, DiviWP provides support for its own products only and does not provide support for products offered by third parties.
- While we will endeavour to help you achieve your specific implementation, we cannot guarantee to help you modify or customize your layout, section or template further than its advertised features.
- Whilst we attempt to provide the best support possible, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
- DiviWP’s full support policy is incorporated into these terms and conditions by reference.
REFUNDS
- DiviWP has confidence in the quality of all products and services made available via its website. However, we understand that situations may arise where you may be dissatisfied with your purchase. We therefore may, at our sole and absolute discretion, elect to give you a refund, and only in the following circumstances:(i) we only give refunds within the first 30 days of purchase;
(ii) your request for a refund emanates from an inability to install the layouts or sections or use its features;
(iii) you have attempted to resolve the issues described in (ii) via DiviWP’s support team.
- For the avoidance of any doubt we do not offer any refunds after 30 days of purchasing any products or services.
User Accounts
- DiviWP will not be responsible for the security and management of any user account created on the website.
- All user accounts are the responsibility of the person who create them, and users are responsible for any actions taken via their accounts.
- DiviWP reserves the right to suspend or cancel user accounts without notice.
Termination
- DiviWP reserves the right in its sole and discretion to terminate your subscription, or to terminate or limit your access to any product or service, on account of a breach by you of any of the terms and conditions set out herein, or a violation of the rights of any third-party under any law.
- DiviWP reserves the right to at any time to modify or discontinue any product or service or component thereof without any liability to you or any third party.
Liability
- DiviWP provides no warranties that its products will be compatible with third party software, plugins, extensions or services.
- DiviWP shall not be liable for any damages or other losses arising from your use of its products or services, including but not limited to loss of profits or consequential losses of any kind whatsoever.
- DiviWP’s liability shall in all instances, including negligence, shall be limited to the cost of your subscription fee.
Disputes
- These terms and conditions are governed by the laws of South Africa and any disputes are to be resolved in the High Court.