Term & Conditions
Terms and Conditions (“Terms”)
Purchases….
To learn more about your rights, see the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999. If you intend to purchase any products or services made available through the Service (“Purchase”), you may be asked to supply certain information about your purchase, such as your credit card number, credit card expiration date, billing address, and shipping information. You certify and represent the following:
(i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that
(ii) You must provide us with accurate and complete information.
You fully acknowledge that Everest Themes is not liable for any loss or harm incurred as a result of providing false or inaccurate information. By entering such information, you allow us permission to share it with third parties in order to expedite the completion of Purchases. For a variety of reasons, including product or service availability, errors in the product or service description or price, an error in your order, or other factors, we have the legal right to refuse or cancel your order at any time. You clearly agree that Everest Themes will not be liable for any loss or damage resulting from such cancellation. We have the right to refuse or cancel your order if we detect fraud or an illegal or criminal transaction.cel your order if fraud or an unauthorized or illegal transaction is suspected.
What is our policy for refunds/cancellations?
Our company offers refunds for our digital product, Everest Backup, on a case-by-case basis at our sole discretion. If you are not satisfied with your purchase, please contact us within 10 days of purchase to report any issues or bugs with the software. We will investigate the problem and make every effort to fix it. If the problem cannot be resolved to your satisfaction, we may consider issuing a refund.
Please note that refunds for digitally delivered or intangible goods are not automatic and are subject to standard industry practices. It is the responsibility of the customer to thoroughly read the product description and ensure that the software meets their needs and is compatible with their production environment. We strongly advise against purchasing a trial version, as this cost will ultimately be passed on to other customers.
European Union customers have a legal right to a refund for digital goods that have not been downloaded if requested within 14 days of purchase, and we will honor such requests.
Please note that these limitations do not affect your consumer rights. For example, if the software’s description states that it has a feature that it does not, you may invoke your consumer rights.
We reserve the right to terminate any ongoing service, including support agreements or update sources, without notice or refund for customers who abuse our facilities or staff.
If you have any further questions or concerns about our refund policy, please don’t hesitate to contact us.
Availability, Errors, and Inaccuracies….
Contests, Sweepstakes, and Promotions….
Rules for contests, sweepstakes, and other promotions offered through the Service may differ from those set forth in these Terms. Before participating in any Promotions, please read the applicable regulations as well as our Privacy Policy. If the rules of a Promotion contradict these Terms and Conditions, the rules of the Promotion will take precedence. The terms and conditions of any other Promotions are independent of this agreement. Everest Themes and its licensors will maintain intellectual property rights to the Service, including its original content, features, and functionality. Copyright, trademark, and other laws in the United Kingdom and other countries protect the Service.
Without Everest Themes’ prior written approval, our trademarks and trade dress may not be utilized in conjunction with any product or service.
Links To Other Web Sites…
Termination…
Indemnification…
Limitation Of Liability
In no event shall Everest Themes, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Everest Themes its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure, or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components, or
d) the results of using the Service will meet your requirements.