Terms and Conditions
Please read: by downloading, using our software, modules, themes, modifications or purchasing services related to the software, modules, themes or modifications, you accept the terms and conditions stated below in a legally binding manner.
If you are obtaining the software, modules, themes or modifications as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Nethercott Constructions and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not download or install the software, modules, themes, or modifications.
Proprietary Rights and Conditions
Licenses for purchased software, modules, themes or modifications:
Each copy of purchased software, modules, themes or modifications must be used for only ONE production website; it may be used on additional test servers. You are not permitted to make copies of the purchased software, modules, themes or modifications without first purchasing the appropriate additional licenses. This license does not grant any reseller privileges.
Licenses for free software, modules, themes or modifications:
Each copy of free software, modules, themes or modifications can be used for more than one production website. However, this license does not grant any reseller privileges, or redistribute right.
Moreover, the users are NOT allowed to redistribute, provide a download link, or display a download link, in part or whole of these software, modules, themes, or modifications to his/her blog, forum, or website of any kind in any way or send out, in part or whole, any software, modules, themes, or modifications to the third party by email or mail, or resell or redistribute, including any modified or customized versions, in part or whole, of these software, modules, themes, or modifications in exchange for any intangible, tangible or monetary value with its original format.
In addition, these software, modules, themes or modifications cannot be offered or distributed as gifts of any kind and in any form to the third party.
All download links have to be in the original place at http://www.nethercottconstructions.com, except for the PrestaShop Addons website.
Nethercott Constructions reserves the right to refuse permission to use the software, modules, themes, or modifications to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in PHP scripts; this includes any references to Nethercott Constructions.
All software, modules, themes or modifications are provided "as is", without a warranty of any kind, either oral or written, express or implied, including, but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose, or the warranty of non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software, modules, themes, or modifications or the use or other dealings in the software, modules, themes, or modifications.
Limitation of Liability
Except to the extent prohibited by local law, in no event will Nethercott Constructions, or its employees or offices be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, modules, themes, or modifications, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software, modules, themes, or modifications is entirely at your own risk. Should the software, modules, themes, or modifications prove defective, you assume the entire cost of all service, repair, or correction.
For your convenience, this file may have been translated into different languages. However, the legal language used by Nethercott Constructions is English.
The entire contents and the operation of Nethercott Constructions is governed by the laws of Australia based on the English version. If any part of the translation is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original language, English, and the remainder of the contents in this site shall continue in effect.
Insofar as individual sections or formulations of the translation do not meet, no longer meet, or incompletely meet existing legal conditions, the remaining sections remain unaffected in terms of content and validity.
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Nethercott Constructions does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to PrestaShop) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
Please back up your files and database before you install the software, modules, themes, or modification. In the event that you break your site, YOU agree to indemnify and hold the developer harmless from any and all damages of your website. Nethercott Constructions neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune.
You download the software, modules, themes, or modification at your own risk. By downloading the files you agree to not hold anybody but yourself responsible for anything that may come as a result of the use of the software, modules, the themes, or modification. Nethercott Constructions, its offices, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.
There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
We provide 90 days free technical support with our software, modules themes, or modifications that are purchased from the PrestaShop Addons website, but advice is always free. If you move to a new server after the initial successful installation and the software, module, theme, or modification does not work on your new server, we will try to sort it out for a small fee discussed personally with each customer depending on module complexity.
If the 90-day support period expires, and you are still having problems with the modules due to moving to a new server, server crash, upgrade application, incompatibility of our products with some third-party software or some similar situations, additional support can be purchased from the PrestaShop Addons website.
Unless stated otherwise, the support is only available through email and messaging. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required.
If the software, modules, themes, or modifications that are related to the same version of PrestaShop have been enhanced since the day you purchased, you'll get an update for free, as long as the prices for the software, modules, themes and modifications stay the same, no matter when you bought it. If the prices for the modules or modifications that are related to the same version of PrestaShop have been changed, you only need to pay for the difference.
We can't guarantee that all the modules will be compatible with new versions of PrestaShop, but once we improve the software, modules, themes, or modifications to be compatible, you will get an update for free for the new versions, as long as the price for the software, modules, themes, or modifications stay the same on the date you purchased them. If the prices for the software, modules, themes, or the modifications have been increased, you only need to pay for the difference.
The software, modules, themes, or the modifications are updated ONLY for stable PrestaShop releases; we may or may not make them compatible with alpha or beta releases.
We reserve the right to stop improving, enhancing, or developing the software, modules, themes or modifications. We will inform the customers who bought the software, modules, themes, or the modifications a month before we plan to stop supporting the software, modules, themes, or modifications.
All of the software, modules, themes, or the modifications are sold as-is. Any enhancements or modifications based on requests are provided with a small fee discussed personally with each customer.
Refunds/returns/exchanges will not be given based on incompatibility of any products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc) other than those which are specified as compatible in a description available on the preview page of each product. We don't guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
Since our products are non-tangible and irrevocable, we do not issue refunds once the order is completed and the product is sent. As a customer you are responsible for understanding this upon purchasing any item on our site.
There are no refunds on installation services or website set-up or modification services once the services are completed.
Refunds will only be given for the following reasons:
- Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for approval. If any deficiency is approved and we fail to correct it within 96 hours from the date of the initial complaint email or any other notification provided by you, the refund will be issued to you in full without any compensations or reimbursements. Or, at your choice, replacement of the product of the same or around the same value can be offered.
- Product not-as-described: such issues should be reported within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on your false expectations or wishes are not honored. Some free products are available for evaluation purpose on our website.
If you have any questions or concerns, please contact us.