Terms & Conditions
Welcome To Divi-Modules:
Please read these Terms & Conditions carefully before using the Divi-Modules website, products and/or services (our “Service”) operated by Divi-Modules (“Divi-Modules”, “we”, “us” or “our”). Your use of the Service and/or your registration with us constitutes your agreement to these Terms & Conditions. These Terms & Conditions apply to all visitors and all who access our website or Service.
These Terms & Conditions are subject to change at any time, without prior notice, effective upon posting on the relevant website. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. You are responsible for reviewing these Terms & Conditions on a regular basis.
If you disagree with any part of the terms, then please do not use the Divi-Modules website, products or services.
Our Service:
Divi-Modules builds plugins (“plugin”, “module”, “extension”, “product” or “item”) and periodically releases plugin updates to maintain compatibility with the Elegant Themes Divi Builder. Our plugins are sold as digital downloads through our website. You may also receive support through our website via our contact form and/or email.
Registration:
You may visit our website without registering. However, in order to buy any of our products you will be required to register for an account. When creating an account we will collect your name and email address. 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 processor. We may also ask you for additional information if necessary.
By registering, you agree to be contacted by Divi-Modules and relevant third-parties regarding our Divi-Modules services. When you purchase a product, you are automatically added to our mailing list to receive updates about our products, news and special offers.
Divi-Modules uses MailChimp as our marketing automation platform. By registering, you acknowledge that the information you provide will be transferred to MailChimp for processing in accordance with their Privacy Policy and Terms.
You may choose to opt-out of receiving our newsletter at any time by clicking the unsubscribe link in the footer of Divi-Modules newsletter emails, or by contacting us via our Contact form.
Plugin Delivery:
After we have successfully processed your payment, you will receive an email with your order number and other purchase information, including your license key and a link to your plugin download. Your license key is also available in your customer account area along with your plugin downloads.
Should you not receive an email containing your purchase information or are having difficulty accesssing your product download, you can contact us via our Contact form. Access to re-download your purchased files will be granted so long as your license key remains valid.
Divi-Modules is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.
Website & Plugin Content:
All content found on this website or our plugins including images, videos, documentation and any other information is property of Divi-Modules and may not be redistributed without prior permission or consent.
Plugin License:
All Divi-Modules plugins, unless otherwise stated, are licensed under the GNU General Public License Version 2.0 or later (http://www.gnu.org/licenses/gpl.html).
Ownership:
All plugins are the property of Divi-Modules. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.
License Usage:
Divi-Modules grants each customer the non-transferable right to use and incorporate the purchased item in a number of website(s) as defined by the terms set in the customer’s chosen license package. The Single Site License allows you to use the purchased item on ONE website only. The Unlimited Sites License allows you to use the purchased item on MULTIPLE websites.
The purchased items may not be resold or redistributed. They must also not be incorporated into a piece of work that is intended to be resold or redistributed. Some of the plugins contain licensed components. Those components must only be used within the purchased item. Please also refer to the specific component’s usage terms and guidelines.
Additionally, the originally-purchased license key provided by Divi-Modules may not be resold or redistributed. Divi-Modules will only provide support services to the original customer (license-holder) with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent.
Warranty:
Our products are provided “as is” in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur due to the use or inability to use our plugins.
We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software. We assume no responsibility for any data loss as a result of installing or using our products.
Support:
Our products are provided “as is” and with no implied meaning that they will function exactly as you would like. We do not provide support for product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with third-party software or services. Should conflicts with third-party software occur, we may provide support at our discretion.
Divi-Modules provides support for its own products only and support is only available for those who have an active and valid license. Divi-Modules will only provide support services to the original customer (license-holder) as registered for the product on Divi-Modules website.
Support requests for Divi-Modules products purchased from the Divi-Modules website should be made via the Contact form provided.
Whilst we attempt to provide the best support possible for our products, we do not guarantee that any particular support query can, or will be answered to the extent, or within the timeframe that the enquirer is completely satisfied with.
Updates:
Divi-Modules will make every attempt to ensure that active products sold on our website are compatible with future releases of the Divi Builder. However, we cannot guarantee the timeframes for these updates.
Automatic updates are available for Divi-Modules plugins. Automatic updates are available as long as the license key generated from the purchase is still valid and active. You will also have access to updates via your account page.
Support & Updates Expiration:
Unless otherwise stated, support for items purchased from the Divi-Modules website is available for the lifetime of the product. This means you pay once and receive support and updates for as long as the product is being actively developed.
Lifetime subscriptions are only available on Divi-Modules website. Items with annual recurring plans will be supported for the duration of the active product subscription.
Support and updates are provided as long as the product is actively in development. Should any one of the following occur, Divi-Modules will no longer be responsible for providing support and updates for the product:
- The plugin is no longer actively developed as a viable product under Divi-Modules.
- The plugin or the parent company is purchased or bought-out by another company.
- WordPress is no longer actively developed.
- Divi Builder is no longer actively developed.
- Divi-Modules is no longer trading.
Refund Policy:
Due to the nature of digital goods it is not possible to “return” a product. Therefore, we do not provide refunds or replacements if a product is functioning normally but a customer simply changes their mind, no longer wants the product, ordered the wrong product, found a cheaper product, found a better product, or was aware of the relevant limitations before buying the product – for example, if the limitation is indicated in the product descriptions or documentation. It is your responsibility to read all the product descriptions and documentation provided on the website before making a purchase.
If you are having any problem with a product or have any questions relating to its function, please contact us via our Contact form or email. We will do our best to resolve any problems. Please note, technical issues caused by third-party plugins, themes or other software will also not provide grounds for a refund.
Refunds will be offered at our sole discretion if it has been determined that the product is faulty and we are unable to resolve the issue. Refunds on faulty products are only available within the first 30-days after purchase. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.
If a refund is granted you agree to deactivate and uninstall the plugin from your website(s) and delete all copies.
Changes To Service:
Divi-Modules reserves the right at any time, with or without notice, to change, modify or discontinue, temporarily or permanently, the Service or any part thereof. You agree that Divi-Modules shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service or any part thereof.
This includes, but not limited to, the right to change, modify, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices and licensing structure for all products are also subject to change without prior notice or consent.
Affiliate Disclosure:
Divi-Modules is a proud member of the Elegant Themes Affiliate Program. Some links on the Divi-Modules website and other communication materials, such as newsletters, are affiliate links. This means if you follow an affiliate link to the Elegant Themes website and make a purchase there, Divi-Modules may receive a small commission. The price you pay is exactly the same as you would pay if you had clicked a non-affiliate link.
It is at your own discretion whether you choose to purchase a product or service, and only if you purchase through our link will we receive compensation.
Termination:
Divi-Modules reserves the right in its sole discretion to terminate your access to Service at anytime with or without notice, with or without cause, including your breach of these Terms & Conditions, 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. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you can do so at any time by delivering a written notice addressed to support@divi-modules.com
Disclaimer:
Divi-Modules intends that the information contained in our website or Service be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided herein at any time.
Divi-Modules makes no warranties, express or implied, as to the accuracy, completeness or adequacy of the website content or that the functionality of the website will be uninterrupted or error-free, or free from virus or third-party attack.
The Service and the information, software, products and services associated with it are provided “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
You hereby acknowledge that your use of the website and Service is at your sole risk.
DIVI-MODULES AND/OR ITS OWNERS, EMPLOYEES, PARTNERS, AGENTS OR AFFILIATES AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE DIVI-MODULES WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH DIVI-MODULES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIVI-MODULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability:
IN NO EVENT SHALL DIVI-MODULES AND/OR ITS OWNERS, EMPLOYEES, PARTNERS, AGENTS OR AFFILIATES AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. DIVI-MODULES’ LIABILITY, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN DIVI-MODULES AND YOU.
Jurisdiction:
Divi-Modules complies with Australian Consumer Law. Any claim or controversy arising out of or relating to the use of Divi-Modules’ Service, to the products or services provided by Divi-Modules, or to any acts or omissions for which you may contend Divi-Modules is liable, including but not limited to any claim or controversy, shall be finally, and exclusively, settled by arbitration in Melbourne, Victoria, Australia, from which arbitration there shall be no appeal. Each part shall bear its own costs and legal fees. In the event that Divi-Modules is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Divi-Modules’ legal fees and costs.
Severability:
If any part of this agreement is declared unenforceable or invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.