Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Plugin and Theme licensing

All of Kerjem Marketing Technologies / Divi Mobi First themes, plugins and layout packs, unless otherwise stated, are licensed under the GNU General Public License (https://www.gnu.org/licenses/gpl.html)GPL version 2 and/or 3, unless otherwise indicated. Kerjem Marketing Technologies / Divi Mobi First themes (DBA Divi Space) grants each customer one or more non-transferable
license(s) to use the software for internal use, and as defined by the terms set in the customer’s chosen license package.

Where the license package allows the software to be used on multiple sites the customer/licenseholder may not sell, trade or barter the originally-purchased license key provided by Kerjem Marketing Technologies / Divi Mobi First themes , to other users of the license (such as clients) for commercial benefit and doing so may result in the cancellation of your license without refund…

Additionally, the customer may not sublicense, to any person or entity, any rights to distribute the software or license key and doing so may result in the cancellation of your license without refund. Divi Space will only provide support services to the original customer/ license-holder with a legitimate license key, and consider any other uses of this license key for support queries as fraudulent.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Governments have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep on them, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company and it’s vendors will only be in connection with the provision of agreed services and products.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Support

Kerjem Marketing Technologies / Divi Mobi First themes, sells and distributes child themes , other plugins and layout packs “as is” and with no implied meaning that they will function exactly as you would like, or that they will be compatible with all third-party components and plugins.

Support for child themes, plugins and layout packs sold and distributed by Kerjem Marketing Technologies / Divi Mobi First themes, is only available for those who have an active, paid extension license. Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active.

Support and updates for Kerjem Marketing Technologies / Divi Mobi First themes/Divi Space products are provided as long as Kerjem Marketing Technologies / Divi Mobi First themes is actively in development. Should any one of the following occur, Kerjem Marketing Technologies / Divi Mobi First themes, will no longer be responsible for providing support for Kerjem Marketing Technologies / Divi Mobi First themes products:
• Kerjem Marketing Technologies / Divi Mobi First themes is no longer actively developed as a viable product under Kerjem Marketing Technologies / Divi Mobi First themes.
• Kerjem Marketing Technologies / Divi Mobi First themes or the parent company is purchased or bought out by another company.
• WordPress is no longer actively developed.

Whilst we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.

Payment

PayPal and WiPay International transactions are the only current methods of payment. Our Terms are payment in full upon a digital transaction. All goods remain the property of the Company until paid for in full.

Price Changes

Kerjem Marketing Technologies / Divi Mobi First themes, reserves the right to modify, change, cancel or upgrade a plugin or child theme subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.

Cancellation / Refund Policy

We firmly believe in and stand behind our products 100%, but we understand that it cannot work perfectly for everyone all of the time. If you are unhappy with your purchase, or you have an issue that we are unable to resolve that makes the system unusable, we will be happy to consider offering a refund.

Refunds will be offered at our sole discretion and must meet all of the following conditions fully:
• You are within the first 14 days of the purchase of the plugin. Absolutely no refunds will be issued after 14 days.
• No refunds are allowed for icon packs
• No refunds will be granted after the first 14 days of the original purchase whatsoever.
• No refunds will be granted for product renewal payments as you have had 12 full months to cancel the subscription. No exceptions.
• A refund for any particular product or membership will only be granted for the initial purchase. If you have made a purchase, requested a refund for that item and then purchased again we will not issue the refund the second time.
• Refunds are batch processed on Fridays before 6PM EST. No exceptions.

Termination of Agreements and Refund Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured on this website are available on a Global Basis.. All advertising is intended for the Global market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-toknow basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Links To This Website

You may create a link to any page of this website without our prior consent. If you do create a link to a page of this website the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links From This Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

This Company’s logo is a registered trademark of this Company. The brand names and specific services of this Company featured on this web site are trade marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Automatic Updates

Automatic updates are available to license holders who have an active and valid subscription and license key. Automatic updates are available for Kerjem Marketing Technologies / Divi Mobi First themes products. Automatic updates are available as long as the license key generated from the purchase is valid and active.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

General

The laws of the United States of America and Trinidad and Tobago govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.