1. ACCEPTANCE OF TERMS
Your access to and use of OGURU and associated aliases (“the Website”), is subjected exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and or associated services.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
OGURU reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that OGURU shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to OGURU or otherwise used by OGURU as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, OGURU will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 OGURU makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 OGURU makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7. PROJECTS: PAYMENT AND REFUND
Predefined service charges are applicable towards projects and services ordered via this website. Such payments once made are not refundable under any circumstances. For projects which is terminated by the client / buyer (in definition, the party who made the payment to OGURU), the amount will not be refunded at any case. If OGURU terminates a project before it’s completion, OGURU by it’s sole decision, can refund the amount received not including the advance amount (in definition, initial payment or starting payment). Payments made as advance amount (in definition, initial payment or starting payment) will not be refunded under any circumstances.
8. PRODUCTS: PAYMENT AND REFUND
Products hereby refers to Themes/WordPress themes/Web Templates/Other Digital Creations. OGURU is not permitted to handle sales and/or payment processing when premium themes are purchased by users via third party marketplace websites such as Themeforest.net, Creativemarket.com etc. All operations related to such purchase, payments and refunds are exclusively handled by authority of those marketplaces where themes are purchased. If users need refund on such products they must directly contact marketplace authority where they bought the same. The marketplace authority’s decision will be final on all cases of refund requests and payment processing.
In case if the product is purchased directly from OGURU website (via any Payment Processing mediums such as 2Checkout.com, PayPal) there is no refund applicable to the product as ‘Digital downloadable products once sold are non-refundable’ which is already notified to buyers at the time of purchase completion.
9. THEME CUSTOMIZATION SERVICE: PAYMENT AND REFUND
OGURU offers premium customization services to paid users under the condition that service fee refund is not applicable on any case. If OGURU terminates a customization project before it’s completion, OGURU by it’s sole decision, can refund the amount received not including the advance amount (in definition, initial payment or starting payment). Payments made as advance amount (in definition, initial payment or starting payment) will not be refunded under any circumstances.
You agree to indemnify and hold OGURU and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against OGURU arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
12. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States and the state of California, and you hereby submit to the exclusive jurisdiction of the courts of California.