These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at auctionplugin.net (the “Site”), owned and operated by Inception Software LLP, a limited liability partnership incorporated in India (registered office: Noida, Uttar Pradesh), trading as “Auction Plugin” (“Auction Plugin”, “we”, “our” or “us”). This includes all subsidiary webpages, access to any optimized version of the Site via a wireless device, and access to and use of the products and services available thereon — including, without limitation, our WordPress auction plugins and themes (such as Ultimate Woo Auction Pro and Ultimate Auction Pro), the licences to use them, product updates and support, and any custom development or related services we provide (collectively, the “Services”). This Agreement is legally binding between you, the person using this Site, and Auction Plugin.
YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO AUCTION PLUGIN’S PRIVACY POLICY LOCATED AT (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE PURCHASE OR REGISTRATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY PURCHASING OR RENEWING A LICENCE OR SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.
On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.
Auction Plugin may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.
Ability to Enter into this Agreement
This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Auction Plugin, or (b) you are a person barred from receiving the Services under the laws of India or any other country, including the country in which you are a resident or from which you use the Services.
Before you continue, you should print or save a local copy of this Agreement for your records.
Your Profile Information and Account
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the purchase or registration process for the Services or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information.
You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Auction Plugin for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Auction Plugin immediately.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Auction Plugin immediately.
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address, including licence, billing and renewal notices. It is your responsibility to keep that e-mail address current and accurate.
Fees
You shall pay all fees specified for any licence, subscription or purchase of the Services or use of the Site (a “Purchase”). Fees are billed in advance for the applicable licence term. Except as expressly set out in the “Refund Policy” section below, all fees are non-refundable.
We reserve the right to modify our pricing at any time by posting such changes to the Services or on the Site. Any price change will apply to purchases and renewals made after the change is posted.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial or Promotional Program”). Once the terms of any such program have expired, you agree that our normal pricing shall apply. You agree to comply with any additional terms, restrictions or limitations we impose in connection with any such program. You may not sign up for multiple Accounts in order to receive additional benefits under any Trial or Promotional Program.
You agree to pay all charges incurred through your chosen payment method in connection with your Purchase at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases or transactions.
All prices, fees and charges are stated in USD. We make no guarantees as to the exchange rate between any currencies, or that any exchange rate will remain unchanged. You are responsible for any currency exchange fees, taxes or other costs incurred in making a purchase of our Services.
Automatic Renewal
Licences and subscriptions for the Services are sold on an annual basis and renew automatically at the end of each licence term. Unless you cancel before the renewal date, your licence will automatically renew for a further one-year term and the payment method on file will be charged at the then-current renewal price for that Service.
We will send renewal reminder notice(s) to the e-mail address associated with your account in advance of each renewal. It is your responsibility to keep that e-mail address current and to review these notices. You may cancel automatic renewal at any time before the renewal date by following the steps in the “Cancellation and Termination” section below, in which case your licence will continue until the end of the current term and will not renew.
Refund Policy
We offer a 14-day money-back guarantee on new licence purchases of our plugins. If you are not satisfied, you may request a full refund within 14 days of your original purchase by contacting Support at your account e-mail. The following conditions apply:
- The refund request must be made within 14 days of the original purchase date.
- The guarantee applies to first-time, new licence purchases only. Renewal payments are non-refundable, and repeat purchases of the same product are not eligible.
- Refunds are provided at our reasonable discretion where you have made a genuine effort to use the product and, where relevant, allowed our Support team a reasonable opportunity to resolve any issue.
- Refunds are not available where the licence has been abused, shared, or used in breach of this Agreement.
Except as set out in this section, all fees are non-refundable.
Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the Site and the Auction Plugin trademarks, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software and other media, material or information, other than your Content, are and will remain the property of Auction Plugin or its software or content suppliers. The Site is protected under India and international copyright, trademark and other laws and treaties.
Subject to the terms and conditions of this Agreement, Auction Plugin grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid licence.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Auction Plugin related to the Services, the Site or Auction Plugin or its business (“Feedback”) shall become Auction Plugin’s property without any compensation or other consideration payable to you by Auction Plugin, and you do so of your own free will and volition. Auction Plugin may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Auction Plugin may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Auction Plugin in any Feedback and, as applicable, waive any moral rights.
The following are registered trademarks, trademarks or service marks of Auction Plugin or its Affiliates: Auction Plugin™. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Auction Plugin or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Auction Plugin or its Affiliates.
Confidential Information
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Auction Plugin during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
Plugin License
Ultimate Woo Auction Pro and Ultimate Auction Pro are products of Auction Plugin and are WordPress plugins licensed under the GNU General Public License () version 2.0 or later.
Disclaimer of Warranties
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUCTION PLUGIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
AUCTION PLUGIN DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, AUCTION PLUGIN MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT AUCTION PLUGIN, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. AUCTION PLUGIN MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.
AUCTION PLUGIN IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY AUCTION PLUGIN, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AUCTION PLUGIN.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. AUCTION PLUGIN DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUCTION PLUGIN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Support
Support for plugins sold and distributed by Auction Plugin is only available to those who hold an active, paid support licence.
Support, product updates and plugin downloads are granted for one year after the original purchase, based on the licence that you have purchased. After one year, the purchaser must renew their licence in order to continue receiving support, updates and access to download plugin files for the items purchased.
Support for a plugin is provided as long as that plugin is actively in development by Auction Plugin. Should any one of the following occur, Auction Plugin will no longer be responsible for providing support for that plugin:
- The plugin is no longer actively developed as a viable product by Auction Plugin.
- Auction Plugin or its parent entity is purchased or bought out by another company.
- WordPress is no longer actively developed.
While we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.
License Holders
Only a licence holder is permitted to request support or access support resources. If any attempt is made by a party other than the licence holder to access support in a manner not specified, we reserve the right to suspend indefinitely the licence key without notice or consent.
Re-posting content from any portion of this Site, including support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in the manner specified above, we reserve the right to suspend indefinitely the licence key without notice or consent.
Limitation of Liability / Exclusion of Consequential and Related Damages
NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN AUCTION PLUGIN AND RECEIVED BY YOU THROUGH THE SITE OR ON ANY THIRD PARTY SITES.
Auction Plugin reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Auction Plugin shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.
Indemnity
You agree to indemnify, defend, and hold harmless Auction Plugin, and its subsidiaries, affiliates, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Auction Plugin reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Auction Plugin and you agree to cooperate with Auction Plugin’s defense of these claims. You agree not to settle any matter without the prior written consent of Auction Plugin. Auction Plugin will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Cancellation and Termination
If you wish to cancel your licence or subscription (including turning off automatic renewal), you can do so by logging into your account and using the option in the billing section, or by contacting Support if you need assistance. You will remain liable for all charges accrued on your account up to the time of cancellation. Cancellation stops future renewals; your licence and any associated support and updates will continue until the end of the current paid term.
Upon cancellation or expiry of your licence, Auction Plugin is under no obligation to maintain or store your account information or Content. Auction Plugin may, at its option, either delete your information and Content or retain it (in full or in part) in accordance with Auction Plugin’s processes and practices.
Auction Plugin reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Auction Plugin may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, licence or Services for any violation or suspected violation of this Agreement. Auction Plugin reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
Discount Policy
On occasion, Auction Plugin may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning they are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.
Agreement to Governing Law and Jurisdiction
If there is any dispute between you and Auction Plugin about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of Gautam Budh Nagar (Noida), Uttar Pradesh, India with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Auction Plugin may seek and obtain injunctive relief in any jurisdiction.
Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Legal Remedies
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Auction Plugin does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Auction Plugin has the benefit of under any applicable law), this will not be taken to be a formal waiver of Auction Plugin’s rights and that those rights or remedies will still be available to Auction Plugin.
Surviving Provisions
The sections of “Intellectual Property Rights”, “Confidential Information”, “Refund Policy”, “Disclaimer of Warranties”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity”, “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.
Manner of Giving Notice
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) the first business day after sending by email. Billing- and renewal-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.