In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Think Up Themes Ltd, the owner and operator of http://www.ThinkUpThemes.com (the “Site” and any “Services”). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Our WordPress themes are released under the GNU Public License.
Client’s are entitled to support and updates during their license period. Additionally the complete theme packages grants access to new theme releases during the license period. Client’s that require access to support and / or theme updates after this period you can re-purchase the theme. Any themes downloaded during the membership period can continue to be used by the Client indefinitely. Client’s will not be permitted to download any theme versions without an active and valid license.
Automatic updates can be activated in all of our premium themes using the API key, where the API key is unique to each order. The API key communicates with a range of cloud servers and the Think Up Themes Ltd dedicated server to ensure theme updates can be delivered directly to the Client’s website. The sole purpose of the API key is to enable theme updates for our premium themes.
An active API key is required to receive access to the latest theme versions and to the themes download page in the members area. It is the Client’s responsibility to ensure that their website is kept updated with the latest theme versions. Access to theme downloads will not be permitted following expiry of the API license key. Client’s can choose to renew their license or purchase a new theme license to regain access to theme updates and the theme download section of the members area following license expiry.
Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Think Up Themes Ltd.
Termination of Agreements and Refunds Policy
Given that we sell non-tangible digital goods we do not offer refunds as standard. Once payment is made you will not automatically be entitled to a refund under any circumstances. By purchasing a subsciption it is assumed that you fully understand and agree to these Terms & Conditions. We note however in certain situations a refund may be justified in which case a refund will be considered. In order to qualify for a refund consideration the following conditions must be met:
- You have purchased a subscription within the last fourteen (14) days.
- You have attempted to resolve the issue with our support staff through the support portal.
- Our support staff has determined that our WordPress themes cannot be installed in your environment.
Where a refund is issued, all work completed on behalf of the client may be considered as consulting work. A final invoice for such consulting work may be issued where the client benefited from consulting related services.
To initiate a refund request simply contact us from our contact page http://www.thinkupthemes.com/contact or via the support center.
We may terminate or suspend service of your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your ThinkUpThemes.com account, you are solely responsible for properly cancelling your account, please contact us at http://www.thinkupthemes.com/contact. Cancellation may result in the immediate deletion of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Support may be provided for all theme related issues and issues associated with plugins developed by Think Up Themes Ltd. We retain full control over the classification of a support issue in relation to whether an issue is considered to be theme specific or otherwise. Support is provided through a ticketed system accessible only to paying members. We reserve the right to place any ticket submission restrictions in place that we consider to be necessary and reserve the right to do so without notice.
Aggressive behavior towards support staff or abuse of the support network may result in immediate account suspension with no warning. We reserve the right to reject any support requests.
Support is not provided for issues relating to the use of 3rd party products or issues caused by you.
Webmasters are entitled to apply for the Think Up Themes affiliate program. Where affiliates will receive a commission for each sale referred and accepted. Commissions are paid out after 30 days of the sale being confirmed with payments being issued at the start of each month. A range of image banners and text links are available in the Affiliate Center, which affiliates are entitled to use when promoting Think Up Themes.
All affiliates must have a verified PayPal email address to be accepted onto the Affiliate Program. The PayPal account must continue to be verified, failure to do so will result in withholding of commissions. In addition to this all affiliates must abide by the following conditions. Breaching these conditions will result in immediate suspension and all outstanding balances being withdrawn from the affiliate account:
- Promotion on explicit websites, including adult material or promotion of violence, is strictly prohibited.
- Promoting on coupon / voucher websites by targeting keywords such as ‘Think Up Themes discount voucher’ or ‘Think Up Themes coupon code’ is forbidden. Active measures must be taken to avoid this. Failure to do so will result in immediate account suspension.
- Should affiliates wish to offer discount vouchers, such requests for vouchers must be made directly to Think Up Themes. Unique voucher codes will then be provided. Providing discount vouchers from any other source is forbidden.
- Affiliates are required to actively promote Think Up Themes. This includes, but is not restricted to, promotion through social media and blogging.
All cases of fraud will be dealt with the full extent of the law.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We comply with the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All communication of any nature is to be kept confidential. 3rd party or public disclosure without prior written consent will result in legal action being initiated against the party to whom the correspondence was intended. It is the receiving parties responsibility to ensure all communication is kept secure and confidential.
Exclusions and Limitations
The information and software available on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website and associated software. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
PayPal is currently the only acceptable method of payment. Transaction are not completed on our website, and are done so on PayPal. As such we do not store any payment information, are therefore are not liable for any losses arising from a result of using PayPal in purchasign our products / services. Our terms are payment in full at outset and annual payments in full for ongoing subsciptions. Members that have cancelled their subscriptions, and want to regain access to our products / services will be required to pay the membership cost applicable at the time of rejoining. Late payments will result in account suspension. All outstanding monies owed will be required in full prior to reactivation. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We also use Google Adwords remarketing service to offer off-site advertising to those who have previously visited our site. As such 3rd party vendors, including Google, may use these cookies to serve our adverts on websites across the internet. 3rd party vendors, including Google, will use the cookies picked up during your visit to serve ads based on your past visits to our website.
If you would not like to be targeted as part of remarketing you can opt-out using the following:
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.
This company is registered in England and Wales, Number 08500985, registered office 40 – 42 Regent St, Bristol, England, BS8 4HU.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Think Up Themes Ltd 2014 All Rights Reservedp