Terms of Service

This website and the products advertised are owned and operated by Gargate Software a WordPress Plugin business, which means that we build web software that people (our “Customers”) can use to add features to their WordPress Content Management System or their client’s WordPress Content Management System (our “Service”). People who run their websites on WordPress, or web development agencies that build websites for their clients on WordPress, can purchase our Plugin to assist them in the creation of those websites. Our Plugin adds functionality. Customers, in turn, make their websites available to their customers (“End Users”).

Gargate Software (“WP Site Importer”, “we” or “us”) offers various services to you, our Customer and your End Users, through our website (www.wpsiteimporter.com), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Service.

Gargate Software is located at
Gargate Mill, La Valleé de Saint Pierre, Saint Peter, Jersey, JE3 EG.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. You understand that by using our Service, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you represent that you are over the age of 13, as this Service is not intended for children under 13. If you are under 13 years of age, then please do not use our Service.

In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on the entity’s behalf. By connecting to WP Site Importer with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third-party service. The Service is not available to any User who has been removed from the Service by WP Site Importer.

WP Site Importer is a destination for a premium plugin for your WordPress website. Our plugins are sold as a digital download through our website. You may also receive support through our website via email or our support forums. By using our Service, you’ll be able to populate your website with content sourced from another website at the fraction of the cost of hiring a web designer to manually rebuild such content.

WP Site Importer provides support services for its products to Customers with active memberships. Support is provided either via the WP Site Importer Community Forum or the Support Ticketing system, depending on subscription type. Upon subscription expiration or account closure, a Customer’s access to support is terminated.

WP Site Importer provides support for its own products only. We do not provide support for third party products or services, nor do we provide support for our own products when obtained through third parties.

Our products are provided as is. We do not provide support with product customisation, alteration or feature addition, nor do we guarantee that our products will be compatible with third party software or services.

By registering and participating in this Service as a Customer, you agree and represent as follows:

• 1. You are of legal age and are otherwise capable of forming a legally binding contract;
• 2. All information you submit to WP Site Importer or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
• 3. You agree to be contacted via Email, SMS and text messaging by WP Site Importer, and third parties if relevant, regarding WP Site Importer’s services;
• 4. You hereby grant WP Site Importer permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection with the Service or for marketing purposes thereof;
• 5. By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
• 6. Our plugin is released under the GNU Public License version 2.0. Our web based RESTful API is NOT packaged with the plugin and is not licensed under the GPL 2.0. Instead, access to these resources is given to all Customers on a personal use basis. You may not attempt to access them other than through the Plugin. You may not offer them, modified or unmodified, for redistribution or resale of any kind.

You may visit our Site without registering. However, in order to buy any of our products you will be required to register for an account. When creating an account we will collect your name, address, country of origin and email. If you decide to purchase any of our products, you will also be required to submit payment information which may include your PayPal, ApplePay or credit card information to our third party payment processors. We may also ask you for additional information if necessary.

WP Site Importer respects the rights of third party creators and content owners and expects that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the website. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.

It is the policy of WP Site Importer to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take all appropriate actions required by all applicable intellectual property laws.

Notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:

Gargate Software,
Attention: Legal Department,
Gargate Mill,
La Valleé de Saint Pierre,
Saint Peter,
JE3 7EG,
Jersey

Email: l e g a l @ w p s i t e i m p o r t e r . c o m

To be effective, the notification must be a written communication that includes the following:

• 1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
• 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the WP Site Importer website or for any other unauthorised purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licencors or Suppliers. In addition, you covenant and represent that you will not use the Service in violation of the law or these Terms of Service.

The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. WP Site Importer does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold WP Site Importer responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.

You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.

As a part of our Service, we may offer links to websites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. WP Site Importer does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organisation.

 

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.

You agree to indemnify, defend and hold harmless WP Site Importer and Gargate Software, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.

 

WP Site Importer intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, WP Site Importer may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WP SITE IMPORTER AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. USE OF WP SITE IMPORTER’S SERVICE IS AT YOUR OWN RISK. WP SITE IMPORTER AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF WP SITE IMPORTER’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH WP SITE IMPORTER, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WP SITE IMPORTER AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WP SITE IMPORTER OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. WP SITE IMPORTER’S LIABILITY, AND THE LIABILITY OF WP SITE IMPORTER’S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF £500.00 GBP. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN WP SITE IMPORTER AND YOU. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

ERRORS AND DELAYS

WP Site Importer is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems.

After browsing our web site you may be interested in purchasing some of our products. You will be required to submit payment information to do so. To process our payments we use PayPal, Stripe.com or Authorize.net. You must agree with their terms and conditions before paying for any of our products.

WP Site Importer offers various subscription packages. This subscription will NOT automatically renew.

Refund Policy: We offer refunds to any unsatisfied customer up to thirty (30) days after the purchase was made. If you would like your money back, please follow the advice in the How to Obtain a Refund article.

Taxes: You are solely responsible for any applicable provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

WP Site Importer reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from WP Site Importer at any time either by raising a support ticket or by using the contact us form. You shall be responsible for ensuring delivery of the notice to WP Site Importer. You may also unsubscribe by clicking the Email Preferences link or the opt-out link in any of the WP Site Importer emails.

WP Site Importer reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. WP Site Importer shall have no liability to you or any third party should WP Site Importer modify or discontinue any service or an aspect thereof.

Any claim or controversy arising out of or relating to the use of WP Site Importer’s Service, to the goods or services provided by WP Site Importer, or to any acts or omissions for which you may contend WP Site Importer is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in the Bailiwick of Jersey, from which arbitration there shall be no appeal. The arbitrator shall apply the substantive law of the States of Jersey. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in the Bailiwick of Jersey. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WP SITE IMPORTER WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WP SITE IMPORTER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and WP Site Importer otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

You agree that: (i) the Service shall be deemed solely based in the Bailiwick of Jersey; and (ii) this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over WP Site Importer, either specific or general, in jurisdictions other than the Bailiwick of Jersey. These Terms of Service shall be governed by the internal substantive laws of the States of Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a court located in the Bailiwick of Jersey, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND WP SITE IMPORTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by WP Site Importer without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to WP Site Importer.

All contents of the Service are copyrighted © 2018 Gargate Software. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Gargate Software. Other product and company names may be trademarks or service marks of their respective owners. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.

Effective Date: January 1, 2018