1. This Service
This Service (WP Store Locator) is provided by Fresh Roads to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
2. Registration and Account Integrity
2.1 As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you.
You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate.
We reserve the right with or without notice to suspend or terminate any account in breach.
A valid and active license key is required in order to get automatic upgrades and support for purchased extensions (the extensions will keep working without a valid license key).
2.2 Where we provide an organization with a number of user licenses for the service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.
2.3 If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their password or other details. We can ask for the username, to verify the user.
3. Software Updates
If you have a valid and active license key, you will receive updates for the duration of your license. Updates will be delivered automatically from the WordPress dashboard. If you are unable to get automatic upgrades from your dashboard, updates can be downloaded from your account page while your license is active.
4. Pricing, Plans and Features
4.1 For current pricing and plans please see the pages for the individual add-ons located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5.1 All services are billed yearly in advance. After one year, license keys may be renewed at a 30% discount from the purchase price of a new license.
5.2 If you upgrade your account you will be immediately charged for the necessary full account or accounts. Your yearly payment will be due from that date each year onwards.
5.3 If you have problems getting extensions to work, we will be happy to provide a full refund within 30 days of the original purchase. After 30 days, no refunds will be given.
Before a refund will be given, you must allow us to try and help solve any problems you have by opening a support ticket.
NOTE: refunds will not be granted if you simply decide not to use the purchased products. We stand behind our products and will assist you in solving any problem you have, but we also expect you to adequately understand what you are purchasing and why.
6.1 Cancelling your license is done by simply not renewing your license key after it expires, which happens after 1 year from the date of purchase.
6.2 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message are not valid.
6.3 No refunds will be provided for remaining unused days under a yearly account or accounts.
7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time on their account pages.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
8. Technical Support
8.2 We reserve the right not to provide full technical support service for issues with the free WP Store Locator plugin.
Our plugins are guaranteed to function on a clean installation of WordPress using the default WordPress theme. We do not guarantee they will function with all 3rd party plugins, themes, or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support our products as best we can and we will provide support for 3rd party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing these products.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third-party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of 50 USD for each and every individual email or other communication sent to a user or third-party.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account by simply not renewing your license key after it expires.
11.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clause 15.
12. Access and Backups
12.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical.
12.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
12.3 Our system will provide an automated backup system. But it is advised to keep your own administration updated, in case of a loss of data.
13.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
13.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
14. Limitation of Liability
14.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
14.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
14.3 In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of €100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
We take your privacy seriously. We comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Statement.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, subparagraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
18. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Dutch law and shall be subject to the exclusive jurisdiction of the Dutch Courts. Where applicable your statutory rights are unaffected.