ECOMMERCE THEME DESIGN TERMS AND CONDITIONS
The Following are the terms and conditions under which Frooition agrees to provide its Services to the Customer. By doing any of the following: placing an order for services, by expressly assenting to these terms or by accepting Services provided by Frooition, Customer hereby agrees to be bound by these terms and conditions.
- Binding agreement: The following terms and conditions are the rules by which you agree to be bound when purchasing a Product from Frooition. You agree that you are legally bound by these terms and conditions when you (i) successfully purchase a Product; or when you (ii) use or make use of any purchased Frooition Product.
- Amendments: You understand and agree that these terms and conditions can change without notice.
- Definitions: For the purposes of these terms and conditions the definitions below apply whenever a term is capitalized, or “Date of Purchase” means the date on which a commercial transaction with Froo occurs “End Product(s)” means a single instance of a Froo theme having been installed for a personal or commercial project. “Intellectual Property Rights” means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase. “Frooition” means Froo.com Ltd “Product(s)” means any paid for item, subscription, or service offered by Froo. “Product Update(s)” means subsequent updates to a Product released by Frooition for the purposes of, but not limited to, fixing bugs or addition features. “Supported Browser(s)” means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, or Safari; and (ii) Internet Explorer 11 and above, as well as the last two stable versions of Microsoft Edge. “Unsupported Brower(s)” means any browser not listed as a Supported browser.
- Frooition retains all Intellectual Property Rights and all other proprietary rights to this individual theme and all products.
- The Purchaser of an individual theme is granted a non-exclusive worldwide license, allowing the Purchaser, or a single client of the Purchaser, to create, with this theme, a single End Product.
- The Purchaser of an individual theme is licensed to install the purchased theme once on (1) domain.
- The Purchaser of an individual theme is not entitled to distribute, duplicate and make available to anyone, resell in its original form, or modify for the purposes of reselling, the purchased theme.
- Our dedicated support team will happily assist you (the customer) with the initial installation of that theme and its features. Assistance with the manual installation of a theme update, however, is not available.
- You are entitled to any Product Updates that Frooition releases for that theme, for the during of the commercial lifespan of that theme.
- Our support team does its best to accommodate requests for customization help, wherever possible.
- Individual theme purchases are eligible for a refund within seven (7) days from the Date of Purchase, provided customers reach out to our dedicated support team should they encounter difficulties with their purchase.
- Once applied to a live site no refunds shall be given.
- Frooition warrants that all Products are developed and maintained in accordance with applicable industry standards. All products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.
- Browser Support
- General: All Frooition themes are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due to a browser’s technical limitations, Frooition will use its discretion to implement a reasonable alternative.
EXCLUSIONS OF LIABILITY
- Subject to s.11 FROOITION IS NOT LIABLE FOR ANY DAMAGES, MONETARY OR OTHERWISE, WHICH MAY ARISE THROUGH THE PURCHASE AND USE OF A FROOITION PRODUCT.
- Section 10 does not apply where damages were incurred as a result of gross negligence or wilful misconduct.
- Frooition is not liable and provides not warranty for any errors, bugs, conflicts, or incompatibilities with Products arising from (i) improper installation of the Product; or (ii) any use of the Product for any purpose other than that of which is was being offered by Frooition; or (iii) the concurrent use of their party products or services, as reasonably determined by Frooition; or (iv) any and all changes or modifications to the Product after the Date of Purchase; or (v) for any errors, bugs, conflicts, or incompatibilities which arise exclusively on Unsupported browsers.
GOVERNINING LAW AND JURISDICTION
13. Any legal proceedings instituted against the Customer by Frooition shall be brought in the courts of the Customer's country/state of domicile and any legal proceedings against Frooition by the Customer shall be brought in the courts of England and Wales. These Terms and such proceedings shall be governed by the laws of England and Wales and each party agrees to submit to the jurisdiction of the courts as set out above.