Purchase Terms of Service
The following document outlines the terms of use of the WP Watchers subscription service. You can also review our Website Terms of Service & Privacy Policy, which outlines the terms of service for non-subscribers and our practices towards handling any personal information that you may provide to us.
Before using any of the WP Watchers services, you are required to read, understand and agree to these terms. You may only purchase a subscription and create an account after reading and accepting these terms. The legal agreements set out below govern your use of the WP Watchers services (“services”). By using the WP Watchers services, you agree to these terms. These terms may be amended from time to time at WP Watchers discretion. If you do not agree to these terms, you are not authorised to use the services.
Acceptance of Terms
The web pages available at wpwatchers.com and all linked pages (“site”), are owned and operated by Xavier Verhoeven (trading as “WP Watchers”) and is accessed by you under the Terms of Use described below (“terms”).
Please read these terms carefully before using the services. By subscribing to a service with WP Watchers, you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the services.
Description Of Service
The site is an online service that offers updates, monitoring and support to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content WP Watchers makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the site or through the services.
Your access and use of the site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the site of any other reason within or outside the control of WP Watchers. WP Watchers reserves the right to amend, suspend or discontinue the availability of the site and/or any service and/or remove any content at any time at its sole discretion and without prior notice.
Registration
As a condition to using services, you are required to open an account with WP Watchers and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your WP Watchers account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
Don’t reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify WP Watchers of any security breach of your account. WP Watchers shall not be responsible for any losses arising out of the unauthorised use of your account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your WP Watchers account.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the WP Watchers Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
Payment
You agree that you will pay for the services, and that WP Watchers may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing WP Watchers with a valid payment method for payment of all fees.
Prices for the services may change at any time at WP Watchers’ sole and exclusive discretion. The services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Use of Services and Rented Content
You agree that the service may include security technology that limits your use and that you shall use the service in compliance with the applicable usage rules established by WP Watchers and its licensors (“usage rules”), and that any other use may constitute a copyright infringement. WP Watchers reserves the right to modify the usage rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such usage rules for any reason — or to attempt or assist another person to do so. Usage rules may be controlled and monitored by WP Watchers for compliance purposes, and WP Watchers reserves the right to enforce the usage rules without notice to you. You agree not to access the service by any means other than through software that is acceptable to WP Watchers. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge WP Watchers, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the site and the services.
You hereby agree to indemnify and hold harmless WP Watchers, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the services, by you or any person acting on your behalf or using your account or WP Watchers username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
Limitation of Liability
In no event shall WP Watchers be liable to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
WP Watchers, and their licensees, affiliate, and licensors make no warranties, express or implied, with respect tot he services, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. Your sole remedy, and our sole liability, shall be your ability to terminate the service effective upon receipt by WP Watchers of your written notice of termination, to the fullest extent allowed by applicable law.
Intellectual Property
WP Watchers, wpwatchers.com and any graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of WP Watchers. WP Watchers’ intellectual property may not be used in connection with any product or service without the prior written consent of WP Watchers.
Support Requests
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. Support requests are not included in the standard subscription, but reduced rates are available for work that is carried out at your request.
Third-party Materials
Certain services available may include materials from third parties. WP Watchers may provide links to third-party websites as a convenience to you. You agree that WP Watchers is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that WP Watchers is not in any way responsible for any such use by you.
Termination & Cancellation
Cancellation can occur at any time, and can be done by contacting WP Watchers or through your account.
WP Watchers may terminate or suspend any and all services and/or your WP Watchers account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the terms. Up,on termination of your account your right to use the services will immediately cease. All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Refunds – Monthly Subscribers
If you’re not satisfied with the WP Watchers service, let us know within the first 30 days and we will refund 100% of your membership fee.
If at a later date you decide that WP Watchers is no longer for you, you can simply cancel your subscription. If this is within the first 14 days after automatic renewal, contact WP Watchers and we’ll refund the last payment.
Refunds – Annual Subscribers
If you’re not satisfied with the WP Watchers service, let us know within the first 30 days and we will refund 100% of your membership fee.
If at a later date you decide that WP Watchers is no longer for you, you can simply cancel your subscription. If this is within the first 30 days after automatic renewal, contact WP Watchers and we’ll refund the last payment.
If you’re further into your subscription, and decide against continuing with WP Watchers, contact us and we can discuss a pro-rata refund for the remaining time on your subscription. This will take into account the discount received for choosing the annual plan.
Change
WP Watchers reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, WP Watchers will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Watchers’ sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the terms as modified.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the terms and you do not have any authority of any kind to bind WP Watchers in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WP Watchers shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Watchers’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable. WP Watchers may transfer, assign or delegate the terms and its rights and obligations without your consent. The terms shall be governed by and construed in accordance with the laws of Australia. Both parties agree that the terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.