General Terms and Conditions

MAY 2018

OVERVIEW

The website, https://www.codedragon.ca, is operated by CodeDragon Software LLP. Throughout the site, the terms “we”, “us”, “CODEDRAGON”, and “our” refer to CodeDragon Software LLP, a Canadian company registered in the Province of British Columbia under BC Registry Services number 1352613. CodeDragon Software LLP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

DEFINITIONS

Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, and bank payment details where applicable and these General Terms and Conditions of Sale.

Customer(s): any individual or legal entity wishing to benefit from the products and/or services provided by CODEDRAGON.

Parties: CODEDRAGON and the Customer.

Personal Information: as defined by British Columbia Law and, in particular, PERSONAL INFORMATION PROTECTION ACT, [SBC 2003] CHAPTER 63 of May 9, 2018, as amended, which is entered, disclosed or communicated by the Customer while using the Product.

Plugin: the CODEDRAGON product for installation in the WORDPRESS content management system or a module for installation in the DRUPAL content management system.

Products: the Products as presented in clause 6 hereof.

CMS: A collective term representing WordPress, Drupal or Magento as is the environment in which Customer installs and maintains the aforementioned plugins and modules.

Service: Support and Updates conferred by this site or from CODEDRAGON.

Support: the support, assistance and/or maintenance services provided by CODEDRAGON, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin or Module.

Technical Requirements: the latest version of the list of hardware and system specifications recommended by CODEDRAGON and appropriate for the use of the plugins and modules, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of the CMS and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.

Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by CODEDRAGON, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.

Website: www.codedragon.ca

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

SECTION 4 – PRODUCT AND SERVICE PRICES

Prices for our products are subject to change without notice. Prices are in US Dollars (USD) and are in force as of the date of payment of the Product or Service.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PAYMENT

Products remain the property of CODEDRAGON until full payment is received. Payment is due and payable upon placement of an order. Customers may pay by PayPal, or by credit/debit card. You recognize that credit/debit card information is not requested by us nor our Website; credit/debit card information is collected only by authorized, secure third-party financial agencies.

You confirm that you are the registered holder of the credit/debit card to be debited and that the name shown on the card is your own name. You agree to receive only digital invoices.

SECTION 6 – PRODUCTS OR SERVICES

Certain Products and/or Services may be available exclusively online through the Website. These Products and/or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product and/or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 – ORDERING

7.1 Creating a Customer Account requires a login and password

All purchases require the creation of a Customer Account. Such account is initially created at the time of first purchase of any Product. The account registration will comprise of your email address and a password. You are solely liable for all use that is made of your login and password. You are solely liable for keeping their login and password confidential. Accordingly, we shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.

7.2 Placing an order

To place an order, you must follow the steps described below:

  • Select a Product;
  • Check the order summary and correct any errors;
  • Enter the discount code, if any;
  • Select the required payment method;
  • Accept the Software Purchase Terms;
  • Confirm the order and the total price;
  • Complete the payment procedure.

We reserve the right to cancel the order in the event of error or omission in entering the required fields.

7.3 Order confirmation

You receive an order confirmation email including a summary of the order. The order is not firm and final until we send this email confirmation.

We advise our Customers to save a copy of or print out the email confirmation of the order.

SECTION 8 – LICENSE FOR USE OF THE PRODUCT

Products granted by us contain a license for use of the related CODEDRAGON software. There is a range of licenses offered:

  • Free: use of the product for one website;
  • Single: use of plugin for one website;
  • Multiple: use of plugin for up to five websites;
  • Infinite: use of plugin for an unlimited number of websites.

The Infinite licenses may not be used by web hosting companies on behalf of their customers. The Free license includes the right to updates but does not provide you with any support services from CODEDRAGON. Single, Multiple and Infinite CODEDRAGON product licenses includes a one-year support and update service effective from the order date.

SECTION 9 – RECEIPT OF PRODUCTS

Receipt of the Products is complete once you activate the download link.

9.1 Non-receipt

If you fail to receive the activation key via email, for the CODEDRAGON License, you can log into the website and, on the My Accounts page, retrieve the License key.

9.2 Complaints

You are prompted to supply a valid email address in order to receive the API activation key. Before making a complaint, you are advised to check your Spam folder for the email containing the activation key. In the event that, after the required checks have been performed, the delivery email was not received, you are advised to send your comments by email to: info@codedragon.ca with your order number as stated in the confirmation email.

SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 10 – CUSTOMER’S RESPONSIBILITIES

You are responsible for ensuring your CMS environment meets or exceeds the minimum requirements for the use of the installed Product. Should you need to solicit the support of CODEDRAGON, you agree to use the facilities provided to submit a support ticket, namely in-product forms and the support ticketing system available on the Website. While there are various self-support options offered on the Website, you are aware that only general feedback is available for the Free Licensed Products. During the provision of support, you agree to cooperate with CODEDRAGON’s technicians with respect to granting of a login account to access the admin area of the your CMS, and/or permission to employ remote assistance, co-browsing, or remote desktop services, in order to address any issues related to the use of the Product presented by you.

SECTION 11 – CODEDRAGON’S RESPONSIBILITIES

CODEDRAGON agrees to:

  • use its best efforts to ensure the proper delivery of the license for use of the CODEDRAGON plugin.
  • exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
  • employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.

You hereby acknowledge that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by CODEDRAGON, beyond our control.

SECTION 12 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.

SECTION 13 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through our Website is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Products and/or Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Products and/or Services will be accurate or reliable.

You agree that from time to time we may remove any Products and/or Services for indefinite periods of time or cancel any Products and/or Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Products and/or Services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CODEDRAGON, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless CODEDRAGON and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – CANCELLATION AND REFUNDS

CODEDRAGON’s plugins and plugin extensions are intangible downloadable goods and as such refunds are not issued after the purchase has been completed. However, a refund may be considered within the first 7 days of the of the initial purchase if the Product fails to perform according to its designed function when installed on a clean installation of the appropriate CMS using its default theme with no other installed or active plugins and the Customer has worked with help desk support in order to resolve the issue. The refund will then be granted at the sole discretion of help desk support. No refunds will be considered or issued after 7 days of the initial purchase.

In the event that a refund request is granted, the request will take 7 to 10 business days to be processed not including the time required by financial institutions to transfer the refund. The refund will be equal to the amount of the item(s) purchased minus any taxes and/or transaction fees as applicable.

Conditions in which a refund will be considered:

  • The request is made within the first 7 days after the completed purchase.
  • The Product is not performing to its designed function and you have submitted a support request and help desk support was unable to resolve the issue(s).

Conditions in which a refund will not be considered:

  • The request is made after the first 7 days after the completed purchase.
    You decide not to use the purchased plugin or extension.

By completing a purchase of any CODEDRAGON Product the Customer agrees to this Refund Policy.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Service are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

SECTION 24 – GOVERNING LAW

These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

SECTION 25 – CHANGES TO TERMS AND CONDITIONS OF SERVICE

You can review the most current version of the Terms and Conditions of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 26 – CONTACT INFORMATION

Questions about the Terms and Conditions of Service should be sent to us at info@codedragon.ca.