1. About the Website

1.1. Welcome to (‘Website’). The Websiteprovides information about WordPress, hosting, WordPress themes, webdevelopment and reviews (‘Services’).

1.2. The Website is operated by. Access to and use ofthe Website, or any of its associated Products or Services, is provided. Please read these terms and conditions (‘Terms’)carefully. By using, browsing and/or reading the Website, this signifiesthat you have read, understood and agree to be bound by the Terms. Ifyou do not agree with the Terms, you must cease usage of the Website, orany of Services, immediately.

1.3.Reserves the right to review and change any ofthe Terms by updating this page at its sole discretion. When updates the Terms, it will use reasonable endeavours toprovide you with notice of updates to the Terms. Any changes to theTerms take immediate effect from the date of their publication. Beforeyou continue, we recommend you keep a copy of the Terms for yourrecords.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also acceptthe Terms by clicking to accept or agree to the Terms where this optionis made available to you by in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the content and all of the related products ofare subject to copyright. The material on the Website isprotected by copyright under the laws of Australia and throughinternational treaties. Unless otherwise indicated, all rights(including copyright) in the content and compilation of the Website(including but not limited to text, graphics, logos, button icons, videoimages, audio clips, Website, code, scripts, design elements andinteractive features) or the content are owned or controlled for thesepurposes, and are reserved by or its contributors.

3.2. All trademarks, service marks and trade names are owned,registered and/or licensed, who grants to you aworldwide, non-exclusive, royalty-free, revocable license whilst you area Member to:

(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.

Does not grant you any other rights whatsoever inrelation to the Website or the content. All other rights are expresslyreserved.

3.3. Retains all rights, title and interest in and tothe Website and all related content. Nothing you do on or in relation tothe Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent,
registered design or copyright (or an adaptation or modification of such
a thing, system or process),
to you.

3.4. You may not, without the prior written perm ofand the permission of any other relevant rights owners: broadcast,republish, up-load to a third party, transmit, post, distribute, show orplay in public, adapt or change in any way the content or third partycontent for any purpose, unless otherwise provided by these Terms. Thisprohibition does not extend to materials on the Website, which arefreely available for re-use or are in the public domain.

4. Privacy

Takes your privacy seriously and any informationprovided through your use of the Website and/or content are subject toPrivacy Policy, which is available on the Website.

5. General Disclaimer

5.1. Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by law,
including the Australian Consumer Law (or any liability under them)
which by law may not be limited or excluded.

5.2. Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditionswhich are not expressly stated in the Terms are excluded; and
(b) Will not be liable for any special, indirect orconsequential loss or damage (unless such loss or damage is reasonablyforeseeable resulting from our failure to meet an applicable ConsumerGuarantee), loss of profit or opportunity, or damage to goodwill arisingout of or in connection with the content or these Terms (including as aresult Use of the Website and the content is at your own risk. of notbeing able to use the content or the late supply of the content),whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.

5.3. Use of the Website and the content is at your own risk.Everything on the Website and the content is provided to you “as is” and“as available” without warranty or condition of any kind. None of theaffiliates, directors, officers, employees, agents, contributors andlicensors make any express or implied representationor warranty about the content or any products or content (including theproducts or content) referred to on the Website. Thisincludes (but is not restricted to) loss or damage you might suffer as aresult of any of the following:
(a) failure of performance, error, omission, interruption, deletion,defect, failure to correct defects, delay in operation or transmission,computer virus or other harmful component, loss of data, communicationline failure, unlawful third party conduct, or theft, destruction,alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on theWebsite, the content, or any of its content related products (includingthird party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of ; and
(d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1. Total liability arising out of or in connectionwith the content or these Terms, however arising, including undercontract, tort (including negligence), in equity, under statute orotherwise, will not exceed the resupply of the content to you.

6.2. You expressly understand and agree that, itsaffiliates, employees, agents, contributors and licensors shall not beliable to you for any direct, indirect, incidental, specialconsequential or exemplary damages which may be incurred by you, howevercaused and under any theory of liability. This shall include, but isnot limited to, any loss of profit (whether incurred directly orindirectly), any loss of goodwill or business reputation and any otherintangible loss.

6.3. You acknowledge and agree that holds no liabilityfor any direct, indirect, incidental, special consequential orexemplary damages which may be incurred by you as a result of providingYour Content to the Website.

7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by providing with 14 days’ notice of your intention to terminate bysending notice of your intention to terminate to via the‘Contact Us’ link on our homepage.

7.2. May at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Is required to do so by law;
(c) Is transitioning to no longer providing the Servicesto Members in the country in which you are resident or from which youuse the service; or
(d) the provision of the Services to you by, is in the opinion of WPFreeware.com, no longer commercially viable.

7.3. Subject to local applicable laws, reserves theright to discontinue or cancel your membership at any time and maysuspend or deny, in its sole discretion, your access to all or anyportion of the Website or the Services without notice if you breach anyprovision of the Terms or any applicable law or if your conduct impacts name or reputation or violates the rights of those ofanother party.

7.4. When the Terms come to an end, all of the legal rights,obligations and liabilities that you and have benefittedfrom, been subject to (or which have accrued over time whilst the Termshave been in force) or which are expressed to continue indefinitely,shall be unaffected by this cessation, and the provisions of this clauseshall continue to apply to such rights, obligations and liabilitiesindefinitely.

8. Indemnity

8.1. You agree to indemnify, its affiliates,employees, agents, contributors, third party content providers andlicensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses,loss and damage (including legal fees on a full indemnity basis)incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.

9. Dispute Resolution

9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute,
unless the following clauses have been complied with (except where
urgent interlocutory relief is sought).

9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature
of the dispute, the desired outcome and the action required to settle
the Dispute.

9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice,
the Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australia Mediation Association;
Conflict Resolution Service or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses
of a mediator and the cost of the venue of the mediation and without
limiting the foregoing undertake to pay any amounts requested by the
mediator as a pre-condition to the mediation commencing. The Parties
must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, NSW, Australia.

9.4. Confidential
All communications concerning negotiations made by the Parties arising
out of and in connection with this dispute resolution clause are
confidential and to the extent possible, must be treated as “without
prejudice” negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute
and the Dispute has not been resolved, either Party may ask the mediator
to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by intended to be viewed byresidents of Australia. In the event of any dispute arising out of or inrelation to the Website, you agree that the exclusive venue forresolving any dispute shall be in the courts of New South Wales,Australia.

11. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any
dispute, controversy, proceeding or claim of whatever nature arising
out of or in any way relating to the Terms and the rights created hereby
shall be governed, interpreted and construed by, under and pursuant to
the laws of New South Wales, Australia, without reference to conflict of
law principles, notwithstanding mandatory rules. The validity of this
governing law clause is not contested. The Terms shall be binding to the
benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are
fair and reasonable and both parties having taken the opportunity to
obtain independent legal advice and declare the Terms are not against
public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a
Court of competent jurisdiction, that part shall be severed and the rest
of the Terms shall remain in force.