Last Updated: 5th March 2015
RoastedBytes.com (Website, Site) is an internet based digital e-commerce website owned and operated by Apexol Technologies (hereinafter referred to as Roasted Bytes), a company licensed under laws of India, with its registered office at 627, Usha Nagar Ext., Indore – 452002. Throughout the site, the terms “we”, “us” and “our” refer to Roasted Bytes. The terms “you”, “your”, “yourself”, “user” and “customer” shall refer to the end user accessing the services and contents provided by the website.
By accessing the website Roasted Bytes and/or purchasing any themes, plugins or any other digital material and/or downloading any themes, plugins or any other digital material, you agree to be bound by our Terms and Conditions (“Terms”) of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please stop using this site immediately. The materials contained in this website are protected by applicable copyright and trademark law.
Any new products, services, features or tools which are added to the website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms along with the date of Modification at top of page without any prior notice or intimation. 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.
SECTION 1 – GENERAL CONDITIONS
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, Product, Tool, Feature, or access to the Service or any contact on the website through which the service is provided, without express written permission by Roasted Bytes. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You shall be responsible for obtaining the equipment’s necessary to make use of the Website and/or its services. The Company cannot and will not be held responsible for any damages or loss to your equipment due to the use of the website.
SECTION 2 – REGISTRATION, LOGIN & PASSWORDS
By agreeing to these Terms of Service, you represent that you are at least the 18 years of age. If you are a minor/having age less than 18 years, you shall not be permitted to use this website including all of its services.
It’s required to create an account on the website before any purchase can be made. By creating an account on this website using registration form provided or by other methods which include Facebook, Google, you agree to be bound by our Terms.
You agree that information provided by you during registration and/or making a purchase is true, accurate, current and complete and in case Roasted Bytes at its sole discretion realizes that the information provided by you during registration and/or making a purchase is false, inaccurate, deprecated or incomplete, Roasted Bytes reserves the right to block, cancel or terminate you from using any or all of the services of the website temporarily or permanently. Use of another user’s account information for using the website and its services is expressively prohibited.
You are not permitted to use the website if your account was suspended or removed from our website for any reason whatsoever. Additionally, you may not have more than one active account on the website. Moreover the account you create on Roasted Bytes is non-transferrable, non-saleable and non-tradable.
Roasted Bytes is not responsible for any breach in confidentiality of your account username and/or password. You are solely responsible for any activities occurring using your account or password. You agree to notify Roasted Bytes immediately of any unauthorized or illegal use of your account or password. You are strongly advised to log out and exit the website at the end of every session.
Roasted Bytes at its sole discretion reserves the right to deactivate, delete, block or remove any user from registering and using the website and services without according any reasons thereof.
SECTION 3 – INTELLECTUAL PROPERTY
The contents of the Roasted Bytes website are protected by copyright law and trademark law. Any activity that violates terms of this Agreement violates copyright law and will be prosecuted according to the current law. You are not allowed to use any part of the code, service, tool and/or product in whole or part in any other software or product or website. You are not allowed to give, sell, distribute, lease or lend any portion of the Software or Documentation to anyone. The products on our website are protected by our end user licenses. By agreeing to this license agreement, you also agree to our licenses.
Trademarks that appear on this site are protected by law and you cannot use them in any way without the express written permission of the trademark owner.
SECTION 4 – PAYMENTS, CANCELLATION AND REFUNDS
The products sold on our website are non-tangible products. That means once your place any order with us, the order cannot be cancelled. We do not issue refunds once the order is placed with us. Therefore please make sure that you have read the specifications and information related to the product as described on the product page before you decide to purchase the license.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, billing address along with contact numbers, so that we can complete your transactions and contact you as needed.
SECTION 4 – 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 of Service.
SECTION 5 – THIRD-PARTY LINKS AND THIRD-PARTY CONTENT
Roasted Bytes makes available some third party content including, but not limited to, product listings, reports on news, technology, media, advertisements including videos, images, audio, flash and other data from third party affiliates, partners and advertisers (collectively, Third Party Content) on its website. Third Party content may also be sent to you along with emails sent to you from Roasted Bytes. The data is provisioned for informational purposes only. You acknowledge that Third Party Content provided to you is obtained from reliable sources. Roasted Bytes takes no responsibility or guarantee for with respect to any of Third Party Content and cannot and will not be held liable and responsible for any loss suffered by you on your use or belief or reliance on any such data.
Third Party Content may also contain Third-party links which may direct you to third-party websites that may or may not affiliated be 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 content or websites, or for any other content, 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 6 – USER COMMENTS, REVIEWS 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, product reviews 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms 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 libellous 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 8 – RULES OF CONDUCT
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any national, international, central, regional or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to violate legal rights (such as privacy and publicity) of others or harm minors in any way to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information;
- 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;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- 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 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IN ANY CASE WHATSOEVER. Roasted Bytes DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN Roasted Bytes, (B) ANY CONTENT PROVIDED ON THIRD PARTY SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A third party SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Roasted Bytes BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A THIRD PARTY SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE 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 ROASTED BYTES, OUR MANAGING PARTNERS, 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, BUT NOT LIMITED TO 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 10 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Roasted Bytes and our owners, managing partners, subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, demands, losses, liabilities, costs, expenses including disbursements and reasonable attorneys’ fees, incurred by Roasted Bytes and any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – SEVERABILITY
In the event that any provision of these Terms 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
Roasted Bytes can on its sole discretion terminate your use of the Website or Service if it believes that you have breached, violated, abused or unethically modified the part or all of terms of service or behaved unethically otherwise. Nevertheless, the terms will survive indefinitely until Roasted Bytes choses to terminate them.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
In case Roasted Bytes or You terminate the agreement and/or your use of Website or Service, Roasted Bytes at its sole discretion may delete any or all of the content relating to your use of Service and Roasted Bytes will not have any liability to you or any other third party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, you will remain liable for all amounts including but not limited to the cost of Products or Services due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by laws of India and construed in accordance exclusively with jurisdiction of courts of Indore, Madhya Pradesh, India.
SECTION 15 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms 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 of Service by posting latest updating date 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 of Service constitutes acceptance of those changes.
SECTION 16 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org