About These Terms
What these terms cover
These are the terms and conditions on which we supply to you our WordPress themes and plugins (referred to in these terms as “Products”) and related maintenance and support services (referred to as “Services”).
Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, the basis on which we provide the Products and the Services, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or anything is unclear, please contact us to discuss.
We may update these terms
We may revise these terms of use at any time by amending this page. We will notify you of any changes.
Information About Us And How To Contact Us
Who we are
We are Heroic Media Ltd, a company registered in England and Wales. Our company registration number is 08589870 and our registered office is at The Glades, Festival Way, Stoke-On-Trent, England, ST1 5SQ. We are referred to as ‘us’ or ‘HeroThemes’ in these terms.
How to contact us
You can contact us by using the contact form for all purposes other than support requests. If you are an existing customer, you should use our support page to raise support requests.
How we may contact you
If we have to contact you, we will do so by writing to you at the email address you provided to us in your order.
Our Contract With You
How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us with a support or billing question.
Cancelling Your Subscription
14-day money back offer
You may cancel your order at any time within 14 days and we will refund you all sums paid in full. This will terminate our contract with you and we will no longer provide the Services to you. Details are contained in our Money Back Guarantee.
Cancellation at the end of your subscription period
If you notify us by means of your HeroThemes account on HeroThemes.com that you wish to cancel your subscription for any other reason, your subscription will end at the end of the then-current subscription period. You will not be entitled to any refund in respect of your then-current subscription period.
Cancellation if the Product is faulty and we cannot fix it
If the Product does not operate in accordance with our documentation (“Documentation”), and we are unable to fix it within a reasonable time as part of the Services, we will offer you a refund of the sums paid under your subscription in the previous 12 months. This does not apply if the fault arises because:
- you, or anyone acting with your authority, amended the Product;
- you are not using a current version of Chrome, Firefox or Internet Explorer (“a Supported Browser”) or current version of WordPress;
- you did not use the Product in accordance with the Documentation; or
- the Product has not been installed in a suitably configured WordPress website; or
- your website contains plugins or themes other than those supplied in the official WordPress installation package.
No other right of cancellation
If you decide to stop using the Product or the Service for any other reason, we will not be obliged to offer you a refund and your subscription will continue until the end of the current subscription period.
Time to process refunds
Refunds may take up to 10 working days and will be credited to the same payment method you used to pay for your subscription.
Your Right To Use The Product
When you purchase a subscription, you acquire the right to use the Product; you are not actually acquiring the rights to the Product. In consideration of payment by you of the agreed subscription fee and you agreeing to abide by these terms, we grant to you a limited licence to use the Product. The terms of the licence are the GNU general public license version 3. You acknowledge that all intellectual property rights in the Product throughout the world belong to us, that rights in the Product are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Product other than the right to use it in accordance with these terms.
We also licence to you when you purchase a subscription the right to use sample content comprised within the Product, comprising articles with some images, the Sample Content. The Sample Content is not covered by the GNU general public licence. Your licence to use the Sample Content is non-exclusive and non-transferable, and limited to the right to use it in conjunction with the Product for the purposes of the website for which you have ordered the Product. We reserve all other rights in the Sample Content. The Sample Content is provided on an ‘as is’ basis. You acknowledge that it has not been developed for your specific requirements and may not be suitable for your website. Examples of sample content referenced or depicted on our website may not be representative of the Sample Content provided to you.
Providing The Products And The Services
We will make the Product available for download by you as soon as we accept your order. Unless you cancel your subscription as set out in the ‘Cancelling Your Subscription’ section above, we will supply the Services to you until your subscription expires or we end the contract by written notice as set out in the ‘Termination for Breach’ section below. Once your subscription terminates, your right to receive the Services will terminate.
Support
As part of the Services, we provide support services, in response to support requests raised through our website using your order number as set out in our Support Policy.
We reserve the right to amend the Support Policy at any time. We will not be obliged to provide support services in respect of any issue arising because:
- you, or anyone acting with your authority, amended the Product;
- you are not using a current version of a Supported Browser or current version of WordPress;
you did not use the Product in accordance with the Documentation; - of any defect in your website;
- the Product has not been installed in a suitably configured WordPress website; or
- your website contains plugins or themes other than those supplied in the official WordPress installation package.
We will only provide support services in respect of the single website specified in your order in respect of which we have provided you with an order number.
Except for installing automatic maintenance updates to the Product, we will not access the server hosting your website or engage in any modification of your website unless you specifically instruct us to do so by email or in your support request, and we consider it reasonably necessary to do so in order to diagnose or correct an issue you have raised in a support request. In the event that we do so, we will not be liable in respect of any action taken by us in pursuance of a solution to your support request. Without limiting the ‘Limitation of Liability’ section below, by instructing us to access your website in this way, you are deemed to release us from any liability in respect of any resulting loss or damage to your website, any data hosted on it, or the server on which the website or such data are hosted.
You must provide all the information that may be necessary to assist us in resolving any defect or fault, including a documented example of any defect or fault, or sufficient information to enable us to re-create the defect or fault.
To the extent that we provide you details of professional services or other assistance provided by any other provider, this is provided for your information only. Such details should not be interpreted as approval by us of those providing that assistance or the services you may obtain from them. We have no control over any such provider, and we encourage you to conduct your own enquiries in respect of any service offered by them.
All support requests must be submitted by means of our support form. We are not obliged to respond to any requests for support services submitted by any other means.
Maintenance
For the duration of your subscription, we will make available to you updates of the Product such that it remains compatible with the then-current version of WordPress, and the Supported Browsers, being Chrome, Firefox and Internet Explorer; and, at our sole discretion, any further updates and new releases we make available generally to our subscribers.
You acknowledge and agree that we may directly install any updates into your website by means of our automatic update service. We are not responsible for any failure to install any update due to any network connectivity issues affecting your website, or your website using any non-WordPress-standard directory structures. If any automatic update fails, we will provide you with the update manually such that you can install it yourself.
No Warranties
We do not warrant that the use of the Product will be uninterrupted or error-free.
You accept responsibility for the selection of the Product to achieve your intended results and acknowledge that the Product has not been developed to meet your individual requirements.
We do not warrant that the Product will function with any third party software, components, plugins of web browsers other than the latest version of WordPress and the Supported Browsers.
Except as specified in these terms, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
Price And Payment
Where to find the price for the subscription
The price of the subscription (which includes VAT or sales tax) will be the price indicated on the order pages when you placed your order.
When you must pay and how you must pay
You must pay for your subscription at the beginning of each subscription period.
No right of set-off
You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Auto-renew
If you do not cancel your subscription in accordance with these terms, the subscription for the Services will automatically renew at the then-current price and for the same subscription period. We will charge your payment card on file with us on the first day of the renewal of the subscription period.
Increases in the subscription price
We shall be entitled to increase the subscription price at the start of each renewal period. We will give you prior notice of any such increase.
Limitation Of Liability
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the paragraph immediately above:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent (100%) of the total sums paid by you to us under your subscription in the previous 12 months.
Indemnity
You agree to indemnify and hold harmless HeroThemes, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Products, Services and the Sample Content, including but not limited to your breach of your obligations under these terms.
Termination For Breach
We may terminate your subscription immediately by written notice to you if you commit a material or persistent breach of these terms (including the GPL licence terms under which the Product is licensed).
Upon termination of your subscription all rights granted to you to use the Services shall cease. If you breach the terms of the GPL licence terms under which the Product is licensed, we may terminate your rights to use the Product to the extent permitted by those terms.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of third party hosting providers, public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:
our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations may be performed despite the Event Outside Our Control.
How We May Use Your Personal Information
We will use the personal information you provide to us in accordance with our Privacy Policy.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Other Important Terms
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.
Our trade marks
“HeroThemes” and the HeroThemes logo are trade marks of Heroic Media Ltd, as are our product names including “KnowAll”, “Heroic Knowledge Base” and “Heroic FAQs”. You are not authorised by us to use them without our approval.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This is our entire agreement with you
These terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.