Terms and Conditions

The following Terms and Conditions should be read and complied carefully by every visitor, member or user of this website. Your usage of this website signifies your assent to the following binding agreement. By using August Infotech themes/templates or other products and services on the website, you agree to all the terms listed below.

In these Terms & Conditions, the phrases “WE”, “US”, “OUR” etc refer to August Infotech AND “You”, “Your” etc refers to You.

BINDING AGREEMENT BETWEEN YOU AND US

Your usage of the website or any of its website signifies that you have accepted these Terms & Conditions and it shall lead to forming a Binding Agreement between you and the Website.

August Infotech reserves its right to alter, modify, add or delete any portion of the Agreement at any time. We will intimate you about any substantial changes which will be effective from the next time you visit these terms or 30 days from the day such changes are made, whichever is earlier. You continued usage of the services and products on the website shall indicate that you have read the updated Terms and you will be bound by any such changes.

SERVICES AND GRANT OF LICENSE

The August Infotech Website is owned and operated by August Infotech and its affiliates. The August Infotech Website offers a forum in which developers (“Sellers”) can upload, distribute and sell products for the creation of themes and websites (“Products”).

The Products comprise and consist of the intellectual property (“IP”) of Sellers and are made available only under license (not sold). August Infotech has been granted a reseller license to the IP in each Product by the Seller(s).

Your rights to access, download and use any Product made available for download from the August Infotech Website are subject to the terms and conditions of the August Infotech Theme License as applicable to the particular Product(s) you download and you agree to comply with such terms and conditions. If you do not agree to the August Infotech Theme License, you are not permitted to download or use any Products. Your use of any Product or of the August Infotech Website or Services does not grant to you an ownership or other exclusive interest in any of the Products you may download from the August Infotech Website.

The products and services shall be made available to you only after the final payment has been made for the same. The Company follows a no-refund policy.

August Infotech grants you a perpetual non-exclusive, non-transferable, non-sub licensable limited license to use the products on the website will broadly fall into the category of ‘Licensed Materials’. Licensed Material shall include, without limitation, WordPress theme, Plugins and any individual items availed under these services. You shall be referred to as Licensee for the products and services availed on the website.

  • The Licensed Material is not being sold and it is made available to the Licensee only in compliance with the Terms.The Licensee cannot claim any intellectual or exclusive ownership to the Licensed Material and it remains with the website.
  • The Licensee can only install and use the Licensed Material to a maximum of one regular WordPress installation on only one domain that he owns.
  • You may make necessary and required changes or modifications to the material for your personal purpose, but for any free plugin or templates downloaded from the website shall be given credits to by the user.

LICENSEE RESTRICTIONS

You are mandated to comply with the following guidelines:

  • The Licensee shall not assign, sub-license, sell, lien, convey, transfer or distribute any Licensed Material or any derivative work under such material or any of the rights under this Agreement without the prior consent of August Infotech. The Licensee shall not further make it appear or visible to the public, through any actions or gestures or representations, that such templates or designs are his own creations or of some other entity.
  • The Licensee shall not post, reproduce, copy, download or infringe the Licensed Material by any other methods, modified or unmodified, on any CD, Diskette, online media or on any other medium and offer them for redistribution, purchase or transfer of any kind.
  • Any demo content in the Licensed Materials is exclusively for demonstration purpose only and re-use of such graphics, designs, posts, logos etc is strictly prohibited except for non-commercial or personal use.

USER UNDERTAKING AND PROHIBITED CONDUCT

The Users undertake that any personal data or information or testimonials provided by them to the website or any content posted on the website shall conform to the following directions:

  • Such information or content shall not be inaccurate, misleading or fraudulent or provided under false identity.
  • It shall not infringe any third party’s intellectual property rights including copyright, patent, trademark, trade secret, designs or other proprietary rights or privacy rights. It shall further not violate any law, statute, legal regulation or ordinance including those laws related to consumer protection, unfair competition, anti-discrimination etc.
  • It shall not be defamatory, libelous, offensive, harassing or containing any obscene or sexually provocative statements; and such information shall not contain or spread any virus, Trojan horses, junk mails, chain letters or such computer programs that are intended to prove detrimental to the safety and integrity of the website. It shall not harm minors in any way.

You agree that you shall be solely responsible and liable for the breach of this Clause.

PRODUCT DELIVERY

As soon as you register for any of the featured offers or services on the website or if you register for submitting the information of your website and after you payment has been confirmed, August Infotech will mail you Theme/Plugin Download File. After such confirmation, you have immediate access to our services.

SUPPORT PROVISION

For any kind of support you can contact us at info@augustinfotech.com. We do not provide customizations except where it is available for the users on the website on a separate link.

WARRANTY

August Infotech does not warranty or guarantee for the themes or templates or such extensions in any manner and it is your responsibility to check your browser compatibility with our websites through demo installations. We do not guarantee if our products would work on any future versions of WordPress.

LEGAL DISCLAIMER

IN NO EVENT SHALL AUGUST INFOTECH OR ANY OF ITS ASSOCIATED AFFILIATES OR RELATED CORPORATIONS BE LIABLE FOR ANY INJURY, DAMAGE, CLAIMS OR EXPENSES ARISING OUT OF ANY ERROR, COMPUTER VIRUSES, DELETION, DEFECT OR DELAY IN PROVISION OF SERVICES, COMMUNICATION FAILURE, FAULT OF THE CREDIT AGENCY OR BREACH OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT TAKE ANY IMPLICIT OR EXPLICIT GUARANTEE OF ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY DATABASE DISPLAYED OR UPLOADED ON THE WEBSITE BY ANY THIRD PARTY OR OF ITS CONTENTS OR GRAPHICS AND THE COMPANY ALONE RESERVES THE RIGHT TO CORRECT ANY MISTAKES OR OMISSIONS. THE WEBSITE SHALL NOT HELD ACCOUNTABLE FOR SPREAD OR TRANSMISSION OF ANY VIRUSES, HARMFUL COMPUTER PROGRAMS ETC ON ACCOUNT OF YOUR INTERACTION WITH THE WEBSITE. IN NO CIRCUMSTANCE SHALL THE COMPANY AND ITS AFFILIATE MEMBERS OR PARTIES BE HELD LIABLE FOR ANY EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF ANY CLAIM BY THE USER. HOWEVER, SUCH LIMITATIONS SHALL OPERATE TO THE EXTENT PERMITTED BY LEGAL RULES, REGULATIONS, STATUTES, ORDINANCES OR COURT ORDERS AND SHALL BE SUBJECTED TO PUBLIC POLICY.

August Infotech also does not exercise any editorial or other control over the content or contributions posted by the users and as such do not guarantee the quality, accuracy or integrity of such content. It provides the content posted by other parties on an ‘As-is’ basis and may omit to review or counter any illegal content posted by other. The Company shall not be held liable for such content.

SECURITY

August Infotech has implemented industry best practices to protect personal information which you provide to us. This includes preventing any accidental or unlawful loss/ alteration or modification to your personal information stored or any unauthorized access or disclosure to any third party who is not a necessary party to the transaction without your consent. We shall notify you about any accidental or unauthorized access that may lead to any damage or harm and you further acknowledge that there is no 100% assurance of safety of any information that navigates through internet or online communications.

The website shall not be held responsible if the user fails to secure his account or password on his own fault or if such unauthorized loss or destruction to information is not attributable to the negligence or fault of the website. The website shall further not be liable for any breaches of security for the fault of any non-affiliated third-party or the user himself/herself.

THIRD PARTY LINKS

Our website may advertise/share some third party links/connectors as a medium to promote their services/products as an advertisement strategy and we do not disclose any of your personal information including your search history, opinions on our services, surveys conducted, your personal contact details etc with such third parties except on your express approval. These websites may use technological tools such as cookies, JavaScript etc to track your IP and such personal information. However, we do not have access to any of their features and do not guarantee your security against the use of such information by these websites. You may find their respective privacy policy on their websites or you may contact the operator, for which we are not responsible.

We may allow third party to serve advertisements and they may use identifiable information such as browse type, subject of advertisements scrolled over and so on. You may opt-out of providing any information to them.

INDEMNIFICATION

You agree to indemnify us or our agents, affiliates, officers, associates, operators and such other related persons against any damage, costs, cause of action, losses, fines, penalties, recoveries or any claims of kind nature, including reasonable attorney’s fees, related to or arising out of your breach of this user agreement or privacy policy or any of the local, national or international laws

SEVERABILITY

If any of the Terms contained in this Agreement is rendered invalid/illegal or void by any Court of Law or any enforcement agency, such holding shall not waive the Company’s right to proceed against the user or any third party (who is bound by these Terms) with respect to breaches of the remaining or subsequent Terms of the Agreement. Such other Terms shall remain in force irrespective of striking down the invalid or illegal clause.

DISPUTE RESOLUTION

Any affected/aggrieved party and the website or its directors or operators shall engage in conciliation to resolve any dispute arising out of the breach of this agreement or any of the policies contained on this website. In case of failure to resolve the disputes through the above mechanism, the parties shall resort to binding arbitration according to the provisions of INDIAN GOVERNMENT Laws. The Arbitrator, who shall be an independent and neutral party, shall be appointed with mutual consent and the seat of arbitration shall be in GUJARAT, INDIA.

GOVERNING LAW

These Terms and our relationship shall be governed by the laws of INDIA without regard to any conflict of law provisions.

JURISDICTION

You agree to be bound by the personal and exclusive jurisdiction of the courts of GUJARAT, INDIA. You waive in advance any defenses to such jurisdiction and venue.

NOTICE

You hereby agree and acknowledge that any communication made between you and the website shall be done electronically in the manner prescribed and you shall not contest the validity or enforce ability of such electronic communications.

In case of any grievance, you may contact at the following address:

August Infotech
308-309 Trinnity Business Park,
LP Savani Road, Adajan,
Surat – 395009,
Gujarat. India

Email: info@augustinfotech.com
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