We are PATIOUS and we welcome you to patious.com. We provide WordPress themes and plugins created and redistributed under the WP (General Public License) license by developers from around the world. When we say ‘we’, ‘us’ or ‘our’ we are referring to PATIOUS located at https://patious.com.
When you create an account and accept these terms you become a member of our community. During your time with us, you agree to follow the ground rules outlined in these terms so please read and understand them carefully.
When you become a Subscriber or Member, you get to access our directory of items that must be used in accordance with the GPL license. Only real people, using their real details, can subscribe to PATIOUS.
Some products listed on our website required activation which Customers, Members, and Subscribers can request via Support and will be charged with $1.45 per website per product.
However, a single purchase includes product activation for one time and additional activations shell be charged with $1.45 per website per product.
You need to be 18 years or over to become a Subscriber or Member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of PATIOUS that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
Given the nature of digital content that can be downloaded instantly after a purchase has been made; there is no “trial” or “grace period” after purchasing a subscription or any product, which means all sales are final. Once you have downloaded an item, there is no way to “return” it. As such refunds cannot be provided unless we have made changes to these terms that materially affect you to your detriment. In such a case a pro rata refund will be provided for any whole unused months.
We will assess refund requests on their merits but generally, there is no obligation to provide a refund if:
- You have changed your mind;
- You subscribed by mistake;
- You ask for goodwill;
- You lack the technical ability to make the item work;
- You can no longer download the item because it has been removed from our website;
- You are in breach of our fair play policy.
The nature of WordPress plugins and themes means that items are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third party components and plugins. We are unable to provide technical support for the downloads. Third-party products provided are supported by their authors and not by PATIOUS. Please review the support terms provided by the author of a product before purchasing it from us. Our support is limited to billing and/or technical inquiries regarding the patious.com website only.
Fair play and conduct
Your use of PATIOUS including the content and the items must comply with our policies from time to time including any fair use policy. Being a Subscriber/Member is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may be using reasonable discretion, decide whether or not your use of PATIOUS complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
If we do decide to permanently terminate your PATIOUS account you must not apply for a new account as unfortunately, you will no longer be welcome.
No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination may include:
- Abusive behavior and/or excessive negativity towards our staff and/or other customers;
- Repeated defamatory, malicious, and/or false statements including slander against us, and/or attempts to persuade potential customers away from purchasing our products;
- Promoting competitor products, contributing to software piracy, hacking, spamming, or other illegal acts;
- Attempting to circumvent our fair use policy (see below).
Fair Use Policy
We operate a fair use download policy. PATIOUS is for real individual people to use, using their real details. It is NOT for other ‘WP’ websites to use for the purpose of adding to their stock. This is expressly forbidden and will lead to immediate account termination. No refunds will be provided.
Membership and/or Price Changes
We do not promise that any particular item will continue to be available on our website. We reserve the right at any time to modify or discontinue all or part of the downloads with or without notice. Further, we may add new downloads with or without notice. Prices of any products are subject to change at any time by posting the changes to our website.
We have not reviewed all of the sites linked to this website and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us.
Trademark, Copyright and IP claims
We respect the intellectual property rights of others. If you believe that an item or content on PATIOUS infringes upon any intellectual property right then please see the information in our copyright policy.
Liability and Indemnity
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of PATIOUS or any item or service.
PATIOUS and the items on the website are made available to you on an “AS IS” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
Our liability to you in connection with PATIOUS or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- Our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
We strive to have PATIOUS available to you 24 hours a day, 7 days a week but you know how the internet works: occasionally you might not be able to access PATIOUS, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how PATIOUS works, including the kinds of items available on our site. We will not be liable to you for any loss you suffer as a result of these things.
If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to PATIOUS.
In some places, there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an item in violation of any export laws that apply to you.
Blocking you, disabling your subscription or refusing to process a payment
We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transaction where the payment is from or to a person or country sanctioned by an authority (like the United Nations, or the European Member States); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned person list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice. As our site is global, there are different laws that may apply and these may restrict our relationship with you.
Relationship between the parties
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
Any notice you send us must be submitted via email. Any notice we send to you will be emailed to the email address you provided to us or displayed directly on the website.
Changes to these terms
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your subscription in accordance with section 7 above. However, if you continue to use PATIOUS after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed. Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of items, could have a material effect on the amount of value you get out of our website.
The removal of individual items or a minor clarifying change to the terms will not typically have a material effect on you to your detriment.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Last change: 1st Apr. 2019