Terms and Conditions

1. ACCEPTANCE OF TERMS

Subject to the following Webgold.co Terms and Conditions (the “Terms”), Webgold Designs Ltd. (“Webgold.co”) provides this website, services, products and content (collectively, the “Site”) to you. Your access, purchase of goods, or use of the Site constitutes your agreement to all such terms, conditions, policies, rules, procedures and notices (collectively, the “Agreement”). If you do not agree, you may not access or use the Site. These Terms, and the Site, may be updated from time to time without notice to you.

2. DESCRIPTION OF SERVICE

Webgold.co provides you with access to download and/or purchase a collection of resources, products and services through this website (the “Service”). Unless explicitly stated otherwise, any updates, new features or new products shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and that Webgold.co assumes no responsibility for the timeliness, deletion, mis-delivery of its products or failure to store any user communications, subscription or user setting.

3. MODIFICATIONS TO SERVICE

Webgold.co reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Webgold.co shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Webgold.co may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Webgold.co properties after the notice is posted, you are indicating your acceptance of those changes.

4. LIMITED, NON-EXCLUSIVE LICENSES OFFERED.

You have one limited, non-exclusive license option when purchasing any Webgold.co Products:

SINGLE PRODUCT: You may use the purchased software once, on one website and/or for custom web design projects.

5. SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Webgold.co shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

6. LINKS

Webgold.co may provide, or third parties may provide, links to other web sites or resources. Because Webgold.co has no control over such sites and resources, you acknowledge and agree that Webgold.co is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Webgold.co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL WEBGOLD.CO OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBGOLD.CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

9. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

10. PRODUCTS

Webgold offers a number of digital products for purchase on our website. In most cases, these products come with a license key for activation, updates, and continued support. It is mandatory that all consumers of these products activate their licenses for that product to work correctly and for our continued support of that product. If the license has not been activated that product will not function as expected and we reserve the right to discontinue support and updates.

One of our products (Shopify FAC Payment Gateway Plugin) is dependent on Shopify for continued access. It should be noted that Shopify can, at their own discretion,  halt any services that are connected to their platform and as such, we cannot guarantee continued connection to First Atlantic Commerce from your Shopify website. You understand and agree that Webgold shall not be responsible or liable, directly or indirectly, for any decisions made by Shopify regarding their platform. Webgold is also not obligated to provide any refunds (outside of our 30-day refund policy) in the event that Shopify does decide to refuse external connections.

11. REFUNDS

We offer 30-day money back guarantee for all of our products. You can get a full refund if you are not fully satisfied with our product during 30 days after your purchase. Please contact us here with your information to request a refund. You will receive refund within 7 days since your request is confirmed.
All refund requests after 30 days are not accepted. Please remember that we will not refund any fee you paid for installation and customization services.

12. SECURITY

SSL Security

Webgold.co uses Secure Sockets Layer (SSL) technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers, during your online transactions. All of the forms on our site are secured with SSL technology so your personal information stays safe and out of malicious hands.

Credit Card Security

Webgold.co is regularly tested to ensure that high security standards are maintained, which significantly reduces the risk that credit card data will be compromised. As an added security measure, Webgold.co does not store any credit card numbers on our servers.

13. INTELLECTUAL PROPERTY INFORMATION

All materials on this site (”Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, blog posts, audio clips, themes, video clips, software, and other elements making up the Service are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Webgold.co or by other 3rd parties. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or resold in any way, or otherwise used for any purpose, without the prior written permission of Webgold.co or the respective owners. Unless otherwise specifically allowed by these Terms, you may not add, delete, distort, or otherwise modify the content or the products provided by this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.

Webgold.co and its respective logos, product names and service names are trademarks of Webgold.co. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

14. MISCELLANEOUS

a.  NON-WAIVER:  The failure of Webgold.co to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

b.  INDEMNIFICATION: You agree to indemnify, defend and hold Webgold.co harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.

c.  PRIVACY:  You can read Webgold.co’s privacy statement here.

d.  RESTRICTIONS ON USE: You may not use Webgold.co site, content, products or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use your Webgold.co membership solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.

e.  SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

f.  CHOICE OF LAW AND FORUM:  This Agreement will be governed by the laws of Trinidad and Tobago. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of Trinidad and Tobago a and you agree to personal jurisdiction by the state and federal courts sitting in Trinidad and Tobago. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.

g.  REFUSAL OR DISCONTINUANCE OF SERVICE: Webgold.co reserves the right to refuse, terminate, or restrict service to any user for any reason or no reason at all.

h. HEADINGS FOR CONVENIENCE ONLY:  The section titles in the Terms are for convenience only and have no legal or contractual effect.

Please read our FAQs and Terms of Service carefully before purchasing your theme or plugin. And as always, you can email questions or contact us in advance.

i.  ENTIRE AGREEMENT:  This Agreement and any other terms and conditions of service on any Webgold.co property constitute the entire agreement between you and Webgold.co and govern your use of the Service.