Membership Terms and Conditions
The following Membership Terms and conditions govern access to, and use (as a Member) of the following Vigorous Software Inc. web site (Site), including but not limited to:
The Site is owned and operated by Vigorous Software Inc.
The Site and the content uploaded to the Site are available to be viewed by any person browsing the internet but only a person, who has agreed to the Membership Terms, is able to buy Products.
Once you click “I agree” you will be deemed to have agreed to the Membership Terms and a legally binding contract, incorporating those Membership Terms, will then exist between you and Vigorous Software Inc. in relation to your use of the Site.
If you do not want to agree to these Membership Terms, you should navigate away from this page.
Products mean products available for sale on the Site including, but not limited to WordPress plugins, WordPress themes, Additional plugin extensions (Add-Ons) and internet related services.
Buyer means a Member who buys products available for purchase on the Site.
Prepaid Balance is a balance of prepaid funds as described in the clause 2
In these Terms, a reference to “we” or “us” means Vigorous Software Inc. and a reference to “you” or “your” means a Member.
You may only become a Member if you are 18 years or older.
You do not have an automatic entitlement to Membership and Vigorous Software Inc. may, at its sole discretion, elect to:
refuse your application to become a Member; or
once Membership is granted, suspend, terminate or restrict your Membership at any time.
Vigorous Software Inc. is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
Your Membership is non transferable.
Once Membership is granted you will only be able to access all areas of the Site with use of the email and password you set up at the time you become a Member.
You are responsible for each and every access or use of the Site that occurs in conjunction with use of your PayPal email address and password.
Your valid PayPal email (referred as Email below) address should be used to identify your account.
Your PayPal email is also used to display previously purchased Products and to grant you download access to those Products.
Use of your Email and password is conclusive evidence that you have accessed the Membership sections of the Site.
You must use all reasonable efforts to keep your Email and password confidential.
You must not allow any third party to access the Site using your Email and password and make use of the Site on your behalf.
You must notify Vigorous Software Inc. in writing as soon as you become aware of any unauthorised use of your Member Account, Email or password.
You acknowledge and agree that you are liable for, and will indemnify Vigorous Software Inc., its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.
2. Prepaid Balance Terms
You can make a payment into your Prepaid Balance by credit card or using the services of a third party payment processor (including, but not limited to, PayPal)
You authorize Vigorous Software Inc. to:
- on your direction, debit monies from your Prepaid Balance, to pay for Products you buy at a Site; and
- credit to your Prepaid Balance any credit earned from participating in Affiliate Promotions on the Site.
Vigorous Software Inc. is not a licensed financial service provider, nor does it conduct the business of banking and Vigorous Software Inc. provides its services as a cashier using a payment processing service rather than a banking service.
Vigorous Software Inc. is not providing a financial product or service and nor is it acting as a fiduciary or an escrow with respect to your funds.
Any monies that you deposit into your Prepaid Balance must be used to pay for Products you buy on the Site.
Prepaid Balance may not be used for purchases of products sold as a WSO (Warrior Special Offer) on 3rd party websites including but not limited to www.warriorforum.com
Prepaid Balance cannot be withdrawn or cashed out.
Vigorous Software Inc. will not refund any monies that you deposit into your Prepaid Balance as a Buyer. Any monies that you deposit into your Prepaid Balance as a Buyer, that are not used for a period of 24 months, will be forfeited to Vigorous Software Inc..
Vigorous Software Inc. may, but is not obliged to, warn you about the forfeiture before it occurs.
3. Fees and Services
You do not have to pay a fee to become a Member.
All payments by Buyers on the Sites must be paid through a third party payment processor (including, but not limited to, PayPal)
4. Affiliate Promotions
Members agree to receive occasional promotional messages via email used to register on the Site.
We may occasionally hold a Promotion in which Member can earn Prepaid Balance by participating in the Promotion.
Member should read and agree to the specific terms of the Promotion to be eligible for the credit.
Terms of such Promotions include but not limited to:
- Purchasing a third-party software through an affiliate link posted on the Promotion page on the Site.
- Remaining a customer in good standing of the third-party vendor.
In case if Member requests and receives a full or partial refund for the purchased third-party software the Member will forfeit their earned credit and it will be debited from Member’s Prepaid Balance.
You should assume that Vigorous Software Inc. is in an affiliate relationship and/or another material connection to any 3rd party providers of goods and services mentioned in the Promotion and on Site and may be compensated if/when you purchase from a provider.
You should always perform due diligence before buying goods or services from anyone via the internet or offline.
5. Changes to Membership Terms
Vigorous Software Inc. may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.
Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms are posted will be considered acceptance of those changes.
6. Governing Law
Any claim relating to Site and Membership Terms shall be governed by the laws of the Province of Ontario (Canada) without regard to its conflict of law provisions.