Terms & Conditions

WPSmartPay, a concern of ThemeXpert Inc. is a simple WP plugin for selling digital products, accepting one-time, recurring & custom payments for services or donations purposes. Without going through much hassle, people who run their businesses on WordPress websites and sell various products or services can receive payments from various payment gateways using WPSmartPay.The plugin acts as a bridge between payment gateways and customers and enables the admin to receive payments on the go. 

The services offered on the website to various prospective clients and end-users are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service

Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Services

WPSmartPay provides a simple workflow to create and display unlimited downloadable products with file attachments and multiple product variations capabilities. 

One can easily sell ebooks, documents, graphics, audio files, videos, photos, games, or other media file types and manage who can actually access them after successful product sales. Our services include:

  1. Sell digital products and accept one-time, recurring payments with WordPress.
  2. Sell digital products and set up payment forms on your WordPress sites.
  3. Create and display digital products and accept payments with WordPress.

Support Policy

WPSmartPay provides support services for its products to users with active memberships. Support is provided via the designated support system. Upon subscription expiration or account closure, a user’s access to support is terminated.

WPSmartPay provides support for its own products only. We do not provide support for third-party products or services, nor do we provide support for our own products when obtained through third parties.

Registration

By registering and participating in this Service as a user, you agree and represent as follows:

  1. You are of legal age and are otherwise capable of forming a legally binding contract;
  1. All information you submit to WPSmartPay or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
  1. You agree to be contacted via Email, SMS and text messaging by WPSmartPay, and third parties if relevant, regarding WPSmartPay’s services;
  1. You hereby grant WPSmartPay permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
  1. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services. You may visit our Site without registering. However, in order to buy any of our themes or products you will be required to register for an account. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit your PayPal or credit card information to our third party payment processors. We may also ask you for additional information if necessary.

License

All our products are released under the GNU Public License version 2.0.

Responsibility For User Content

WPSmartPay respects the rights of third-party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we:

(a) will not be liable for Materials and

(b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you.

We reserve the right but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy mentioned below.

Acceptable Use Policy

The following is a partial list of the kinds of activities that are prohibited on or through the Service:

(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) engaging in activities or submitting Materials that could be harmful to minors;

(c) engaging in activity or submitting Materials that harass or advocate harassment of another person;

(d) engaging in activity that involves the transmission of junk mail or unsolicited mass mailing or spam or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses without their consent;

(e) engaging inactivity, or submitting Materials, or promoting information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(f) submitting Materials that contain restricted or password only access pages, or hidden pages or images;

(g) submitting Materials that displays pornographic or sexually explicit material of any kind;

(h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware;

(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;

(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;

(l) using any robot, spider, another automatic device, or manual process to monitor, copy, or scrape web pages or the content contained in the WPSmartPay website or for any other unauthorized purpose without our prior written consent;

(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;

(n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or

(o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.

Use of Third Party Services

As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. WPSmartPay does not operate or control in any way any information, software, products, or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Representations, Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights, and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current, and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property rights of any third party or violate any other rights of third-party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless WPSmartPay and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: 

(a) the Materials you provide or approve for publication, 

(b) your use of the Service, 

(c) your breach of these Terms of Service, or 

(d) any actual, prospective, completed, or terminated service between you and a third party.

Disclaimers and Limitations

WPSmartPay intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, WPSmartPay may make changes and improvements to the information provided herein at any time. The service and the information, software, products, and services associated with it are provided as it is. WPSmartPay and/or its suppliers, partners, and affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the service and any information, software, products, and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of WPSmartPay’s service is at your own risk. WPSmartPay and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or other injury arising out of or in any way connected with the use of WPSmartPay’s website or service or with the delay or inability to use the service, or for any information, software, products, and services obtained through WPSmartPay, or otherwise arising out of the use of the service, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if WPSmartPay and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Errors and Delays

Themesgrove is not responsible for any errors or delays caused by an incorrect e-WPSmartPay is not responsible for any errors or delays caused by an incorrect email address provided by you or any other technical problems.

Subscriptions and Payment

After browsing our website you may be interested in purchasing our products or services. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com, or Authorize.net. You must agree with their terms and conditions before paying for any of our products.

WPSmartPay offers various subscription packages. This subscription will automatically renew at the end of the year, and you will be automatically billed at the end of your term for the next year if your subscription is still active. You can cancel your subscription at any time by logging in to the WPSmartPay members area and navigating to the Account > Cancel page. If you used PayPal to purchase your account, you may also cancel your subscription from within your PayPal.com account. If you do not cancel by the end of the year, you will be automatically billed for the next year.

Refund Policy

We offer refunds We offer refunds to any unsatisfied customer up to 14 days after the purchase was made. Certain criteria need to be met before the customer is considered eligible for a refund. Please make sure you check out our Refund Policy before sending us any refund request.

Taxes

You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on you are solely responsible for any applicable state, federal, or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Termination

WPSmartPay reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from WPSmartPay at any time by delivering a written notice addressed to [email protected]. You shall be responsible for ensuring delivery of the notice to WPSmartPay. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the WPSmartPay emails.

WPSmartPay reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product, or service. WPSmartPay shall have no liability to you or any third party should WPSmartPay modify or discontinue any service or an aspect thereof.

Privacy Policy

User account data and certain other information about you will never be sold or rented to any third-party. You understand that through your use of our services you consent to the collection and use of this information which includes the transfer of this information to the United States of America Government and/or other countries for storage, processing, and use by WPSmartPay. We generally use your personal information and account data for order processing, preventing fraudulent activities, invoicing, and contacting you via email.