Terms and Conditions

We are PillBanana and we welcome you. We provide themes and plugins for WordPress and other platforms created and redistributed under the GPL (General Public License) by developers around the world. When we say 'we', 'us', 'us' or 'our' we mean PillBanana located at https://pillbanana.com.

Account creation

When you create an account and agree to these terms, you become a member of our community. During your time with us, you agree to follow the basic rules described in these terms, so please read and understand them carefully.

Acceptance of terms

If you do not agree to the terms and conditions of our site, you will have to leave the site because your use of the site is conditioned upon your agreement to be bound by these terms and the Privacy Policy, whether or not you become a member.

Subscription

When you become a Subscriber or Member, you can access our directory of articles that must be used in accordance with the GPL license. Only real people, using their real details, can subscribe to PillBanana.

Age to become a Member

You must be 18 years of age or older to become a Subscriber or Member. If you are 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.

Your responsibility

You promise that the information you provide to us is true, accurate and complete and that you will keep your account information (including a current email address) up to date. Your subscription is not transferable. You are responsible for any misuse within the PillBanana site that occurs with your username and password, so keep your password secure and do not allow anyone else to use your username or password. If you become aware of any unauthorized use of your password or any breach of security, you must inform us immediately.

Reimbursement

Given the nature of digital content that can be downloaded instantly after making a purchase; there is no "trial" or "grace period" after purchasing a subscription or any product, which means that 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 issued for the entire unused month.

Claims for reimbursement

We will evaluate reimbursement requests on their merits, but, in general, there is no obligation to provide a reimbursement if:

  • you have changed your mind;
  • you subscribed by mistake;
  • you ask for goodwill;
  • you do not possess the technical ability to make the article work;
  • you can no longer download the article because it has been removed from our website;
  • you are in breach of our fair play policy.

Product support

The nature of plugins and WordPress themes means that the items are provided "as is", with no implied warranty that they will work exactly as you intended or with all third party components and add-ons. We cannot provide technical support for downloads. Third party products provided are supported by their authors and not by PillBanana. Please review the support terms provided by the author of a product before purchasing it on our site. Our support is limited to billing and/or technical inquiries on the pillbanana.com website only.

Fair play and conduct

Use of PillBanana, including content and articles, must comply with our policies from time to time, including any fair use policies. Being a Subscriber / Member is not an automatic right, it is a benefit to those who follow our reasonable rules. We hope you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of us complies with these terms. We may suspend or cancel your subscription account at any time and for any reason (acting reasonably of course), which includes:

  • if you violate 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 harm to us or others.

If we decide to permanently terminate your account, you cannot apply for a new account.

No refunds will be provided to customers who have terminated their accounts. 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 defamation against us, and/or attempts to persuade potential customers not to purchase our products;
  • Promoting competing products, contributing to software piracy, spamming or other illegal acts;
  • Attempting to circumvent our fair use policy (see below).

Fair use policy

We operate a fair use download policy. PillBanana is for real individual people, using their real details. It is NOT for other 'GPL' websites to use for the purpose of adding to their stock. This is expressly prohibited and will result in immediate account termination. No refunds will be provided.

Changes in membership and/or price

We make no 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. In addition, we may add new downloads with or without notice. Prices of any product are subject to change at any time by posting changes on our website.

Links

We have not reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement.

Trademark, copyright and intellectual property disclosures

We respect the intellectual property rights of others. If you believe that an article or content on PillBanana infringes any intellectual property right, please see the information in our copyright policy.

Liability and Indemnity

You will indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, claims or liability incurred by us arising out of or in connection with a third party claim against us in connection with your use of PillBanana or any item or service.

PillBanana and the items on the website are made available to you "AS IS". We disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Our liability to you in connection with PillBanana 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, consequential or special loss, damage or expense; and
  • our total aggregate liability to you is 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.

Availability

We strive to make PillBanana available 24 hours a day, 7 days a week, but you know how the Internet works: sometimes you may not be able to access PillBanana, and this can happen for any reason, at any time, with or without notice, or at our absolute discretion. We may also change aspects of how PillBanana works, including the types of items available on our site. We will not be liable to you for any loss you suffer as a result of these things.

Third parties

If you are agreeing to these terms on behalf of someone else, you are promising us that you have full legal authority to bind that third party. Remember that only real people can subscribe to PillBanana.

Consumer laws

In some locations, there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer warranties'). We do not exclude, restrict or modify the non-excludable consumer warranties in these terms. Except for the non-excludable consumer warranties, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer warranty is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service (unless the non-excludable consumer warranty states otherwise). You must not use an item in violation of export laws that apply in your country.

Blocking, disabling your subscription or refusing to process a payment

We may block your account, cancel 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 you violate a law or regulation. Examples of where we might do this include transactions where the payment is from a person or country sanctioned by an authority (such as the United Nations or European member states); or where we reasonably believe there is a legal or regulatory risk or risk of loss to us or our members. Promise that you are not located in a sanctioned country and that you are not on a list of sanctioned persons. We may also block members from a country if we are unable to make payments to or from that country.

You should check which payment methods are available in your country to make payments. We may take any of the actions listed in this section without notice. As our site is global, there are different laws that may apply and may restrict our relationship with you.

Relationship between the parties

Nothing in these terms should be construed as a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor we may associate ourselves in any way.

Notices

Any notice you send to us must be sent by email. Any notice we send you will be sent by email to the email address you provided to us.

Changes to these terms

We may change these terms at any time and, if we make changes, we will take reasonable steps to inform subscribers of the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective. The date at the bottom of the terms. If a change we make has a material detrimental effect on you, you may, upon demonstrating that it is detrimental to us, cancel your subscription in accordance with section 7 above. However, if you continue to use PillBanana after the changes are made, you will agree to the changes regardless of the time that has elapsed. Whether a change has a material effect on you depends on the nature of the change and your particular circumstances. For example, a change that causes you to incur increased transaction fees, or that eliminates an entire category of items, could have a material effect on the amount of value you get from our website.

The elimination of individual elements or a minor clarifying change to the terms will not normally have a significant effect on your detriment.

Interpretation

Words such as "include" are not words of limitation and, in our sole discretion, we limit ourselves in our sole discretion.

 

Last Updated: July 12, 2018