TERMS AND CONDITIONS

OVERVIEW

This website is operated by Falguni Themes. Throughout the site, the terms “we”, “us” and “our” refer to Falguni Themes. Falguni Themes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limiting users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1: LICENSING

All of our themes are under GPL license.(http://www.gnu.org/licenses/gpl.html). Whether modifications have been made or not, you are never permitted to claim intellectual or exclusive ownership to any of our Products.

We are awarding you a limited, non-exclusive, revocable license to use our Services, but only for the purpose in which the Service is intended. You are subject to any other applicable licenses under the GNU or GPL.

We reserve the right to refuse service to anyone, for any reason, at any time.

You agree to use our Product(s) and Service(s) at your own risk. You are solely responsible for the maintenance, management and security of your own website.

SECTION 2:  PRICING

Purchase of a theme is one-time charge. The purchase gets you the product as well as the support and theme update for one year from the date of purchase. After one year from purchase date, Falguni Themes charges an annual support subscription fee at the 60% discount rate as the purchased product. The subscription is for ongoing theme support and updates and account access. The subscription renews once per year from the date of purchase. The subscription may be canceled at any time. Canceling a subscription will result in suspended access to download products from your account and suspended access to support resources after one year from your initial purchase date or last successful subscription renewal.

Theme however continues to run and would work with your existing site. But you won’t receive the latest updates as well as the support for which you need to renew.

Note: A support subscription is not to be confused with a theme license. Canceling a support subscription will not affect your theme in any way.

Prices for our products are subject to change without prior notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 3: RETURN/REFUND POLICY

We do not offer refunds for digital product sales or support subscription renewal fees. All sales are considered final. Unfortunately, there is no effective way for us to both combat fraud and issue refunds. We will be happy to answer questions regarding our themes before your purchase to ensure it will meet your needs. Thank you for your understanding. If customers encounter any issues or problems, need help configuring the theme or setting up content – can contact Falguni Themes via contact form.

SECTION 4: SUPPORT

Support is provided for any theme purchased from Falguni Themes for a year after the purchase date, or for as long as the annual subscription is renewed. Support includes the rectifying of issues arising from packaged theme features, bug fixes and basic usage questions. We do not provide support for our free themes; the use or issues arising from the use of 3rd party plugins; troubleshooting issues occurring in versions of Internet Explorer older than version 9; WordPress itself; or customization. We do offer theme customization services, at extra cost. And the cost will be decided based on the new feature/customization request.

We are unable to provide support that requires us to view websites with questionable content. Such content includes, but is not limited to, pornography, prostitution, racist content, possible scams, etc.

Note: Support is offered Monday through Friday, 9AM to 6PM (GMT+05:30) Indian Standard Time. Support requests are answered in order received.

SECTION 5: COPYRIGHT

All coding work is done from scratch and all of our themes are coded as per WordPress coding standards (https://codex.wordpress.org/WordPress_Coding_Standards)

Images on all of our themes are from unsplash.com or Pixabay.com. All photos published on websites unsplash.com or Pixabay.com, can be used for free. User can use them for commercial and noncommercial purposes. However, we cannot guarantee for the Copyright of these images since they come from third party source. We sell themes and not images and their usage on our website is for demo purposes only. Any image found copyright protected should be either purchased or given due credit to the owner.

SECTION 6: WARRANTY

Falguni Themes are guaranteed to function correctly upon proper installation, activation and options configuration of the theme within the latest WordPress platform.We cannot guarantee that they will function with all third party components, plugins, scripts, applications, or web browsers. Browser compatibility should be tested on our theme demo websites before purchase.

We do not give any warranty for the proper functionality of our products in case they are modified directly or with help of other plugins or child themes. Under no circumstances we shall be liable for damages arising out of or in connection with the usage of our products.

SECTION 7: LIMITATION OF LIABILITY

IN NO EVENT SHALL FALGUNI THEMES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, PRODUCTS, SERVICES; INCLUDING THROUGH ERROR, MISTAKE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

SECTION 8: WAIVER AND SEVERABILITY

The failure of Falguni Themes to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

SECTION 9: MAINTENANCE & UNFORESEEABLE CONDITIONS

You acknowledge that Falguni Themes Service(s) may be delayed or suspended for cleanup, maintenance, upgrades, or security reasons. You may or may not be notified prior to such an event taking place. Let it be noted that we are not liable for any losses that may construe from the suspension of Service, regardless of the reason for suspension.

You agree and understand that in an event that Service is down due to an unforeseeable condition, Falguni Themes holds no liability to any claims in the matter. We will take steps to fix such issues, but if an issue proceeds and has likelihood of not being resolved in a timely manner, you will be notified if accessible. In the event of an unforeseeable condition, you agree to relieve us of our obligations to the Terms of Service in order to fix the issue.

SECTION 10: SECURITY, PASSWORDS AND MEANS OF ACCESSING THE SITE AND CONTENT

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Falguni Themes accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Falguni Themes accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Falguni Themes accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Falguni Themes accounts, computer systems or networks without Falguni Themes’ express written permission.

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name.Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Falguni Themes immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

You agree and understand that any fraudulent activity may result in the deactivation of your account. You agree and waive any claims you may have against Falguni Themes, due to your inability: to access, to register an account, or for the termination of your account due to breaching any of the Terms of Service. We reserve the right to refuse Service to anyone.

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering or purchasing Product(s) or Service(s) requested. You must agree to the Terms and Conditions of PayPal in order to complete a purchase. Please refer to the PayPal websites to view their Terms and Conditions and Privacy Policies.

SECTION 11: PRIVACY POLICY

Falguni Themes is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Falguni Themes’ Privacy Policy.Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Falguni Themes’ Privacy Policy.