Elementor Den Digital Product Terms and Conditions Of Sale which includes terms of Use for Free Products

Welcome to Elementor Den

By purchasing digital goods from Elementor Den you are bound by the Conditions and Terms of Sale. Elementor Den is owned by Divi Den Limited and your agreement of use is with Divi Den Limited.

Definitions

In this Agreement the following words and expressions shall have the following meanings:

Elementor Den is owned and managed by Divi Den Limited, a Company Registered in Malaysia, Company Registration: LL14570, registered address Unit B, Lot 49, 1st Floor, Block F, Lazed Warehouse 3, Jalan Ranca-Ranca, 87000, F.T. Labuan, Malaysia.

  • “Digital Goods” means any intangible digital product or service sold and delivered by “Elementor Den” in the form of a one-off purchase.
  • ‘We” or “us” refers to Elementor Den
  • “Store” means any web based service operated by Elementor Den for the purposes of marketing and retailing digital goods.
  • ‘You’ or ‘your’ refers to you the Customer purchasing Digital Goods from “Elementor Den“
  • Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
  • The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Conditions of Sale

Introduction

These Conditions of Sale govern the sale of Digital Goods by Elementor Den to the Customer.

The Contract

When you purchase Digital Goods from us via any of our Store venues you will be required to click the “I Agree” checkbox to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any Digital Goods will be between you and Elementor Den and will only be formed when Elementor Den makes the Digital Goods available for download and we have received payment in full for the Digital Goods.

Until we make the Digital Goods available for download and receive payment in full there is no contract between the Customer and Elementor Den for the Digital Goods. Elementor Den reserves the right, at our sole discretion to reject any order we receive.

By placing an order with Elementor Den you agree you are:

  • legally capable of entering into binding contracts
  • at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent/s
  • and/or guardian who has explained these conditions of sale to you so that you fully understand them

100% Satisfaction Guarantee – Cancellation and Refunds

Elementor Den has a 100% Satisfaction Guarantee policy. You may request a refund within 30 days of purchasing any item. Please review these specific Refund terms and conditions here.

All sales of Digital Goods are final unless they fall within the 100% Guarantee T&C. Refunds outside the 100% Guarantee period for any Digital Goods sold by Elementor Den will only be considered for a refund if any of the following conditions apply:

  • The Digital Goods were incorrectly described on the Store and were not clear and the info not easily understood. You will need to provide written feedback of why you did not understand the description as well as to how the description was incorrectly described. This will enable Elementor Den to understand the problem and improve the description if necessary
  • The Digital Goods are proven to be defective and after Elementor Den has been given the opportunity to make good are still defective
  • All refunds will only be issued to the transaction ID related to the sale of the Digital Goods
  • You may not use any of the Digital Goods in any form when you have requested and received the refund. This will then be deemed a copyright infringement and will be subject to legal action.

Price and Payment

The price of any Digital Goods will be as quoted on the Store at the then current time, except in the case of obvious error. This price shown in the Store does not include legally applicable VAT. Customers in the EU will need to provide their VAT number to be exempt from paying VAT.

You agree you may have to provide your country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for Digital Goods other than at the then current price. Payment for all Digital Goods is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.

Sales Coupons are issued from time to time and may be used when and where applicable. Refunds will take coupons into consideration and will only apply to actual purchase amounts. Sales Coupons need to be entered in the field as provided during the checkout process. A button stating Coupon Code needs to be clicked.

Delivery

Digital Goods, whether free or premium, are delivered to you by a choice of methods:

  • via download to your personal desktop computer
  • via download to your personal mobile device (please remember files could be large and a mobile device might not be suitable for this reason)
  • via the Elementor Den on Demand plugin which allows customers access to their purchased product or any freebie on their Dashboard. You may still download the product regardless of using Elementor Den on Demand
  • you will have access to updates via your account page

Use of Digital Products – Free or Purchased

You hereby agree to download Digital Goods for your own purposes or for projects on behalf of your clients’ use only and that you will not sell or sub-license for profit the Digital Goods in their original form to anyone else.

Nothing in these conditions of sale grants you any rights other than those expressly set out herein. Any breaches of these terms will be pursued to the full extent of the law. Some Digital Goods sold by Elementor Den may contain additional licensing terms or terms of use within the download which the Customer hereby agrees to abide by.

License Information. You are free to use our products within the scope of the specific license that you purchase.  We will make every attempt to ensure that active products sold in our store are compatible with future releases of Elementor, however, we cannot guarantee these updates.

Images and usage

Images used in the products are meant to be placeholders only. You need to find your own relevant images to make products your own.

Elementor Den takes the utmost care to use only copyright free images. It is however the responsibility of the customer if using the same images, even though it is recommended they should not, to ensure that images are copyright free. Elementor Den in no way accepts responsibility for any possible copyright infringement in terms of image use.

RTL

Right-to-Left script. In a right-to-left, top-to-bottom script (shortened to right to left or abbreviated RTL), writing starts from the right of the page and continues to the left. Read more here to see which scripts fall under RTL

Elementor Den’s products do not support RTL and it is unlikely this will happen any time soon due to the complexity of the issues especially with regard to responsive issues.

Support

Our basic support for free and premium products includes:

 

  • To check and resolve any bugs or errors in the product sold.
  • Use the installation videos any time you wish. More videos will be made to address knowledge gaps a few of our customers have. Check the Tutorial section when it’s up.
  • Support needs to be submitted via a Support Request on the Elementor Den.com site. No guarantee of support is offered if customers request support via Facebook or any other social media platform. Please use our support system here.
  • We continue to develop tools like the Assistant Plugins or the Elementor Den on Demand plugin to make the use of our products as easy as possible.

Basic support excludes for free and premium products:

 

  • Although we cannot physically edit website files for you, we will try our best to guide you to do it yourself.
  • Actual alterations to the default layout and code.
  • Edits to css/stylesheets.
  • Resolution of 3rd party plugin or application conflicts.
  • Any customisation, font adjustments, or other style changes will be considered outside the scope of basic support.
  • Supported browsers include: Chrome, Safari, Firefox, Edge, IE, Android 4.4 or newer and iOS Safari 8 or newer. Latest 3 versions of browsers are fully tested. Note: 2015/16 and browser versions should work fine but you should test if it is required. Elementor Den can only support the latest 3 browser versions.


Special Mention:

 

Regarding product customisations

Elementor Den is happy to assist its customers in any way possible but cannot always guarantee support with customisation. If you need to make extensive customisation changes then it might be a good idea to hire a third party developer to assist you.

Regarding third party plugins

We work hard to make sure our products are coded well and with WordPress best practices in mind. However, we cannot guarantee that all plugin authors do the same. For this reason, it will not always be possible for us to guarantee support with third party plugins. Some of our products may also have unique designs that do not support certain plugins.


Customer Requirements

In order for you to access the Digital Goods you are required to have:

  • an internet connection
  • a personal desktop computer or mobile device capable of opening the Digital Goods


Email Communications

In the process of purchasing Digital Goods from Elementor Den your email address will be subscribed to the Elementor Den general email list. Elementor Den uses the Customer email address to issue a one time ‘Order Receipt’ email upon receipt of a successful/failed order or communications in case of product updates. Elementor Den may send communications about Free or New products which may be of interest. NO SPAM POLICY – Elementor Den will never sell or rent the Customer email address to anyone. The Customer can unsubscribe at any time from the link provided in to bottom of any email.

General Liability

Elementor Den shall not be liable, and disclaims any liability for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising out of the use of or inability to use Elementor Den’s Digital Goods. Nor from any interruption in the availability of Elementor Den Digital Goods.

You further agree that the content is sold or distributed on the site “as is”. Neither Dvi Den or it’s team members makes any warranty that the site will be error free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the site at your own discretion and risk.

General Terms

Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

 

Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the law of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Malaysian courts.

Privacy Policy

To protect your privacy we will not distribute any of your details to third parties unless required to do so by law. Elementor Den is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Store, then you can be assured that it will only be used in accordance with this privacy statement. Elementor Den may change this policy by updating this page. Please read the Privacy Policy here.

The Customers should check this page from time to time to ensure that they are happy with any changes.

What we collect and how we use the data. Please also read our Privacy Policy for full disclosure of our Privacy Policy and use of your data. We will collect the following information when Customers purchase Digital Goods from the Store:

  • Customer’s full name, we use this to identify the Customer in Order Receipt emails
  • the Customer’s email address, we use this to communicate to the Customer
  • the Customer’s country of residence, we need this to accurately determine what VAT to apply to the order
  • the Customer’s address if required to do so for VAT purposes
  • the Customer’s IP address, this is required for VAT purposes to help establish your country of residence.
  • the Customer’s computer or mobile devices OS and Browser, we use this information to better serve content to Customers.

Security

We are committed to ensuring that the Customers’ information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.


How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. Elementor Den utilises cookies for the following purposes:

  • To track items added to the Customer shopping cart.
  • To view what content the Customer checked
  • To check that pages load correctly and that users can navigate the site easily

Please also read our Privacy Policy for full disclosure of our Cookies Policy.

Last Updated: 11.05.2018

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