Legal Notes

Table of Contents

  1. Legal Notice
  2. Terms & Conditions
  3. Affiliate Program
  4. Privacy Policy
  5. Cookie Policy

1. Identification of the website owner and products/services offered

The electronic hiring process through the website https://wasabitheme.com/ (hereinafter, the “Site” or the “Website” or “WASABI THEME”) will be carried out between the USER and Flight Pixel Ltd, operating under the name of Wasabi Theme, (hereinafter referred to as “Wasabi Theme” or “we” or “us” or “our”), who is responsible for the products and services offered through the website www.wasabitheme.com, of which we are the owners. Our main activities include marketing products and providing services for license key management for downloading and using a WordPress® template called “Wasabi” or “Wasabi Theme”. Additionally, users can request service or technical support via email, access information about the template, and participate in our affiliate program for its marketing.

This information is provided in accordance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce. For additional inquiries, contact us at moc.emehtibasaw@troppus.

Flight Pixel Ltd, operating under the name Wasabi Theme, is a limited company registered in England and Wales.

Company registration number: 15054360
Registered address: 124 City Road, London, England, EC1V 2NX
VAT number: GB 446 5499 54
EU VAT Number: EU372069864

Flight Pixel Ltd reserves the right to cancel your registration or cease operations under the trade name Wasabi Theme. In such cases, Flight Pixel Ltd shall have full authority to terminate business operations associated with www.wasabitheme.com. Therefore, during periods when the site is in Maintenance Mode, Flight Pixel Ltd, operating under the name of Wasabi Theme, shall not be liable for any activities conducted on the site.

1.1 Users

A USER is considered to be any natural person registered with https://www.wasabitheme.com (hereinafter the “website”, the “site”, the “platform” or “WASABI THEME”), who has the legal capacity to comply with the obligations generated by the use of the website and who expressly acknowledges these terms and conditions of use and other binding documents necessary to use the site. If you do not agree to the terms and conditions of this agreement, you may not under any circumstances use or access the site.

Consequently, before registering on the website and/or using or accessing the products or services provided or providing any data for any purpose, the User must read, reason and adhere to all the conditions set forth in these Terms and Conditions and in WASABI THEME’s Privacy Policy, Cookies and other binding documents.

1.1.1 Registration

To access the products/and or services provided by the website, it is mandatory for the visitor to complete the registration process, so you must complete the form established for this purpose with valid data such as name, surname, email, password and validate your account using the URL you will receive when completing the form; by completing these steps you will become an authorized USER of WASABI THEME.

The User is solely responsible for the accuracy of the data provided in the registration of the website, in turn assumes the commitment to update them when required by the owner of WASABI THEME or by legal obligation. Therefore, WASABI THEME assumes NO responsibility for the accuracy of the data provided by them.

The Site Owner reserves the right to request any additional document and/or data to verify the data provided, in case of verification or suspicion of fraudulent and/or malicious use and/or contrary to these Terms and Conditions or any of the legal contracts of the website and/or contrary to good faith, the Site Owner shall have the full right to terminate and/or cancel the accounts and even to prosecute the offenders. In addition, the owner of the site reserves the right to refuse any registration request or to cancel a previously accepted registration, without the obligation to communicate and/or justify the reasons for its decision, and without this giving rise to any right to compensation or damages whatsoever.

1.2 Use of the website and user obligations

1.2.1 Use of the website

The User declares and accepts that he/she knows and assumes that the responsibility for the use of the website and its products/services is his/her sole and exclusive responsibility, therefore he/she must comply with the obligations for its use.

1.2.2 User Obligations

The User agrees and declares that he/she is obliged not to reproduce, distribute, publicly display, modify, reverse engineer, communicate to the public, create derivative works, use or exploit any content of the website, nor may he/she request personal data from another user.

The User may only access the products and/or services offered by the site for lawful purposes.

The User is solely responsible for knowing and adhering to national and international regulations related to the use of the website, its products and/or services. You will not cause damage to the hardware and software systems of the website, suppliers or third party services such as introducing viruses, worms, spyware or any other code nor will you attempt or access the e-mails of other users of the site nor will you send e-mails considered as unwanted or unwanted. spam.

You agree not to use the website to recruit, solicit or contact potential users, experts or any other person to hire or contract any business, service or product related to those marketed by the website without written consent of the owner of the site; in this case the user assumes the risks related to the contacts or meetings that may have with the owner of the website or any authorized person for these concepts.

It is also obliged not to publish or disseminate content against morality, human rights or personal/public safety, racism, xenophobia, pornography, violence and terrorism. If the owner of the site detects this type of content, he may immediately remove it without prior notice to the user; if for any reason the owner of the site does not detect this type of content, the user will be solely responsible for any damage that may be caused to the site or to third parties, for which he must respond according to the applicable regulations.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY

The images used by the website owner have been taken, created, or purchased from licensed providers by them. Consequently, the website owner or their licensors are the owners of all intellectual property rights over the images and contents in general of the website, including designs, databases, software with source code included, as well as elements that generally compose the website such as texts, graphics, photographs, videos, colors, structure, among others.

The site owner guarantees that the activities carried out by him on the website comply with national and international regulations related to copyright and other uses of intellectual property, as well as with privacy and personal identity.

The User acknowledges and agrees that the licenses granted for the use of the products/services provided by the website are personal and non-transferable. In case of infringement, the Website Owner reserves the right to take necessary legal actions, including civil and/or criminal actions, under the Copyright, Designs and Patents Act 1988 and other relevant intellectual property laws of the United Kingdom.

3. LIABILITY – LIMITATION – EXONERATION

3.1 Responsibility of the Controller

THE HOLDER OF THE SITE will endeavor to ensure that the transmission of the website is uninterrupted and error-free, but does not guarantee the full operation of the site due to circumstances beyond its control or due to acts of God or force majeure. In turn, it warns that for maintenance, repairs or improvements to the website, access to the user’s account may be temporarily suspended or restricted.

THE HOLDER OF THE SITE shall not be liable for losses caused to users, suppliers or third parties when these are not the result of failure to comply with its obligations, generate lost profits or any direct or indirect damage to them.

The User shall be solely responsible for the costs derived from internet connections, downloads or other expenses generated by the use of the site. The owner of the site shall not be liable for any damage to hardware and / or software of the “USER” for the use of the website, products or services offered by the owner. Nor shall it be liable for damages and/or losses arising from the use of the website, especially those caused by computer systems, crashes, interruptions, viruses, malware, among others.

The “USER” shall be solely responsible for any damages and/or losses that the owner of the site may receive derived from the breach of the obligations established in these terms and conditions as well as in any other document of the website, or of the national and international regulations that apply.

3.2 Limitation of Liability

To the extent permitted by law, the owner of the site shall not be liable for direct, indirect, incidental, consequential or punitive damages, special or loss of tangible or intangible profits or revenues, committed directly, indirectly or for loss of data whether incurred directly or indirectly or any loss of data, when resulting from:

3.2.1 The access, use or inability to access or use the website, its products and/or services;

3.2.2 Any conduct or content of any party other than the owner of the Site, including, but not limited to, defamatory conduct, any defamatory, offensive or illegal conduct; or 3.2.3 Unauthorized access to, use or alteration of its content or information.

The “USER“, acknowledges and accepts that the present exclusions and limitations of liability set forth in these terms of use correspond to a reasonable and equitable concession of risk with the website and that they are essential for the operation of the website.

3.3 Indemnities

The “USER“you agree to indemnify, defend and hold harmless the owner of the website, its affiliates, and other licensors, representatives and third party providers from and against any and all losses, costs, damages, expenses, costs, legal and extrajudicial claims and demands reasonably incurred, including attorneys’ fees, as a result of your failure to comply with your obligations under these terms or any other binding documents on the site. THE SITEOWNER reserves the right to assume its defense and control in case of indemnification by the User, ensuring full cooperation if necessary his appearance.

In the event that individuals or legal entities create hyperlinks from their web page to the www.wasabitheme.com website, they must comply with the following conditions:

  1. It is the sole responsibility of the owner of the website and written authorization must be requested for this purpose:
    1. Reproducing, in whole or in part, the related content.
    2. Establishing deferred deep links, image links, or frames related to the website.
    3. Use the trademark, trade name, denomination, logo, phrase or slogan distinctive of the website, with the exception of the denomination indicated in the hyperlink.
  2. No false, inaccurate or incorrect expressions may be made about the website, its products and/or services.
  3. The use of the hyperlink does not imply the existence of commercial relationships between the owner of the website where it is used and the owner of the site www.wasabitheme.com, nor does it imply knowledge or acceptance of the services, products, content, statements, and/or publications of the aforementioned website external to the website. Therefore, the site owner does not engage in marketing, direction, or control over these aspects concerning the website.
  4. The site owner does not accept or assume any responsibility, whether direct, indirect, or subsidiary, for damages and/or losses arising from access, maintenance, use, quality, legality, reliability, and usefulness of any content, information, communication, opinion, statement, products, and/or services offered by websites not managed by the site owner.

5. RIGHT OF EXCLUSION

The owner of the website reserves the full right to terminate and/or cancel accounts or access to the website, products and/or services offered by the website, without prior notice when the obligations or terms contained in this document or any other binding document of the website are breached.

6. EXERCISE OF THE RIGHTS OF THE WEBSITE OWNER

The owner of the site may pursue and exercise the civil and criminal actions it deems appropriate and / or relevant when the breach of these terms and conditions and the misuse of the website by the user, generate some kind of personal, commercial or material damage.

7. NEWSLETTER

In the case of having subscribed to the Newsletter / Bulletin, or having accepted the sending of promotional information, the User agrees to know and approve the monitoring of campaigns and mailings, through the analysis of the activity of the recipients of the same such as the opening of the emails sent, clicking on the links contained in the emails or statistics. The provision of subscription and newsletter sending services is carried out at the MailChimp®company’s facilities.

8. APPLICABLE LEGISLATION

This agreement shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared unlawful, void, or for any reason unenforceable, it shall not affect the validity and enforceability of the remaining provisions.

9. NOTIFICATIONS

Any comments, concerns or complaints regarding the above Terms and Conditions, the Privacy Policy, or the enforcement of any of these, should be notified in writing to the Site Owner, at the following email address moc.emehtibasaw@troppus .

10. MODIFICATIONS TO THE AGREEMENT

These Terms and Conditions may be modified at any time. Within five days after the publication of the modifications introduced, the “User” must contact the owner of the site if he/she does not accept them; in this case, the contractual relationship will be dissolved and he/she will be disqualified as a “User”. Upon expiration of this term, the “User” shall be deemed to have accepted the new terms and the contract shall continue to bind both parties.

Terms and Conditions effective as of May 2, 2020

Terms and conditions

1. IDENTIFYING DATA OF THE OWNER OF THE SITE

WASABI THEME is responsible for the products and services offered through the website www.wasabitheme.com, of which it is the owner. Its main social activity involves marketing products and providing services aimed at managing license keys for downloading and using a WordPress® template called “Wasabi” or “Wasabi Theme”. Additionally, users may request service or technical support via email, host information about the template, and establish an affiliate program for its marketing.

Information provided in compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce. If you need further information, please write to moc.emehtibasaw@troppus.

2. PARTICIPANTS

The electronic contracting process through the website https://wasabitheme.com/ will be carried out between the USER and the HOLDER OF THE SITE. A USER of the website is considered to be a consumer who is an individual and who registers using the form provided on the site for this purpose.

3. OBJECT OF THE CONDITIONS

The purpose of these general conditions is to regulate the relationship between WASABI THEME and its USERS, derived from the contracting process of the products and/or services provided by the HOLDER OF THE SITE through its website https://wasabitheme.com/.

These shall be considered current and valid as long as they are available on the website. It is the exclusive right of the HOLDER OF THE SITE, the modification without prior notice of any of the clauses that compose it. The use of the website after the modification, substitution or inclusion of texts will be considered as acceptance by the USER.

The prior acceptance of these conditions is a mandatory condition for the contracting of any product/service offered by the website.

4. PRODUCTS/SERVICES OFFERED AND E-PROCUREMENT PROCESS

4.1 Products offered and costs

The USER may access the purchase of products or services provided by the SITE OWNER, specifically for the purchase of license keys for the download and use of the WordPress template designed by the owner of this site at the following costs:

PackageBenefitsPrice (excluding taxes)
1 site1 year of updates and support59 €
3 sites1 year of updates and support159 €
5 sites1 year of updates and support249 €
One-time paymentLifetime updates and support149 €

“Selling Price” Means the actual selling price of the services.

“Currency of Sale” Means the currency of the sale and purchase of services which is in Euros (€).

The OWNER OF THE SITE reserves the right to modify the prices of the products at any time prior to the knowledge and acceptance of the order, without the need to notify such change in any way and it will correspond to the USER verify the final invoiced value against the value of the quotation related to their order.

4.2 Contracting process

  1. Once on the page, the USER must access the shopping section and select the product/service.
  2. Upon selection and completion of the required data, if PayPal is chosen as the payment gateway, the user will be redirected to the payment gateway site to complete the transaction.
  3. After making the payment, the website will send an email with the payment receipt, username, password to access the management panel of wasabitheme.com, and you will also receive the purchased license key.

5. ECONOMIC CONDITIONS, FORM OF PAYMENT AND DECLARATION OF ORIGIN OF FUNDS

Forms of Payment

The services and services offered on the Site, unless a different form is indicated for particular cases or specific offers. In general the payment will be made by Visa/Mastercard/American Express cards through Stripe® payment processing systems, to know their policies, terms or conditions of use you can verify in https://stripe.com/payment-terms/legal or through Paypal®, and you can obtain all the necessary information at https://www.paypal.com/es/webapps/mpp/ua/legalhub-full, for this purpose the USER must provide the cardholder’s name, number, expiration date and CVV, as well as any other information requested by the system.

6. STATEMENT OF SOURCE OF FUNDS

The USER solemnly declares that the money used for the purchase comes from lawful operations, businesses, activities, or enterprises, and was not obtained through any conduct recognized by English law or the European Community as constituting a crime.

Likewise, the USER declares that it has no negative records in lists for the prevention of national or international money laundering, drug trafficking, white slave trafficking, pimping, child pornography, embezzlement, extortion, kidnapping, extortion, membership and/or dealings with illegal armed organizations or criminal organizations of any kind, arms trafficking, terrorism, crimes against humanity or crimes against freedom, integrity and sexual education and that, consequently, it is obliged to respond to the following SITE OWNER or third parties affected by virtue of the business relationship, for all damages that may be caused as a result of this statement. Non-compliance by the

USER of the aforementioned will be sufficient reason to terminate the present contract, without this generating any type of indemnification in favor of the other party.

7. RIGHT OF EXCLUSION

The OWNER OF THE SITE reserves the right to refuse, withdraw or cancel access to the website or to the products/services offered by the same, without prior notice, when the USER fails to comply with the provisions of these General Terms and Conditions or other binding legal documents necessary for the use of the site.

8. WARRANTIES AND REFUNDS

8.1 WARRANTY POLICY

Due to the nature of the products and services, these will have a technical support warranty of ONE (01) year from the date of purchase. To apply, you must notify moc.emehtibasaw@troppus.

8.2 REFUND POLICY

The USER of WASABI THEME shall have the full right to exercise the right of return by requesting a refund within thirty (30) days from the date of purchase. After 30 days, no refunds will be granted.

Only NEW USERS are eligible for this warranty. Users with previous purchases are excluded for having previously tested the product. License upgrades and renewals are non-refundable.

Before a refund is issued, the user must allow us to attempt to help resolve any problems they have by opening a support ticket. For this, it is obviously also necessary to have installed and activated Wasabi Theme on a website. If you have purchased multiple licenses, you should have at least activated the license on one site.

Conditions of eligibility for reimbursement

  1. Being a first-time purchase and a new customer (not a renewal).
  2. Having purchased the license within the 30 days prior to the request.
  3. Having installed and activated the template on a website.
  4. Before opening a refund request ticket, you must have attempted to resolve your questions or issues by opening a prior support ticket. To request a refund, this support ticket must be concluded as unresolved (i.e., we were unable to resolve your specific question or issue).
  5. No refunds will be given if the user simply decides not to use the purchased products without indicating a specific problem or error that we cannot resolve. We will assist in resolving any issue, but we also expect the user to properly understand what they are purchasing and why.

How do I apply for reimbursement?

Using the contact form (https://wasabitheme.com/contact/) by choosing “Refund Request” and indicating your desire to receive a refund of your purchase. Be sure to comply with the conditions detailed in the previous paragraphs.

The refund process takes a maximum of 14 calendar days, and may take longer depending on the bank. Once the refund is completed, the customer will lose the right to use Wasabi Theme and must remove Wasabi Theme from all of its sites, servers, local disks and other media where it has been stored.

9. LICENSE RENEWAL

The renewal is done automatically, without the need for the customer to take any action. WASABI THEME will send ONE (01) email reminder that the license expiration date is approaching.

In case the user renews his license before it expires, he will receive a thirty percent (30%) discount in the payment of the new license.

Additionally, please note that we offer a lifetime license option. With the lifetime license, customers will receive premium support and theme updates indefinitely, without the need for renewals.

In case of non-renewal, the USER ‘s projects will be able to continue using Wasabi Theme. Not renewing the solo license means losing the right to support and no longer enjoying updates.

10. TECHNICAL SUPPORT

In order to receive technical support from WASABI THEME, the USER requesting such assistance must do so through the email moc.emehtibasaw@troppus. The USER should describe the nature of the problem to be resolved, as well as provide information about the USER. WASABI THEME will make reasonable efforts to respond to such requests in a timely manner. The USER will cooperate with WASABI THEME in seeking a solution by providing necessary information to help diagnose or resolve the issue. While WASABI THEME cannot guarantee that a technical support issue will be resolved, it will make reasonable efforts to perform technical support services in a professional manner.

11. RIGHT TO CANCEL SUBSCRIPTION

11.1 Voluntary Cancellation

The USER may revoke or cancel the subscription at any time by simply not having to manually renew the subscription annually.

11.2 Consequences of Membership Cancellation

In the event of cancellation, the USER will lose all licenses purchased on the site.

12. INTELLECTUAL PROPERTY

The images used by the HOLDER OF THE SITE, have been taken, created or purchased from suppliers licensed by him, consequently the HOLDER OF THE SITE or its licensors are the holders of all intellectual property rights over the images and contents in general of the website, including designs, databases, software with source code included, as well as the elements that in general make up the website such as texts, graphics, photographs, videos, colors, structure, among others.

The SITE OWNER guarantees that the activities carried out by him on the website comply with national and international regulations related to copyright and other uses of intellectual property, as well as privacy and personal identity.

The USER acknowledges and agrees that the licenses granted for the use of the products/services provided by the website are personal and non-transferable. In case of infringement, the WEBSITE OWNER may take necessary civil and/or criminal actions within the framework of intellectual property protection (Copyright, Designs and Patents Act 1988 and other relevant intellectual property laws of the United Kingdom).

12. 1 Prohibition of CONJUNCTIVE activities or PIRATERIA

The USER is expressly and strictly forbidden to carry out activities known as joint activities or piracy, consisting in the grouping of different persons for the acquisition of a digital product or service paid for by only one of them but which facilitates the access of their credentials (USER and password) to the rest of the group for your benefit.

Upon verification of the practice of these activities, the HOLDER OF THE SITE may permanently cancel the license granted, without prior notice and also reserves the right to take civil or criminal legal action against the offender.

12.2 WASABI THEME LICENSE SPECIFICATIONS

The license marketed by Wasabi Theme, corresponds to a mixed license (similar to ThemeForest), so it is not fully GPL and can not be distributed.

The parts of the code that directly use WordPress code are licensed under GPLv2, the rest are not, so Wasabi Theme cannot be considered to be under GPL.

12.2.1 GENERAL CONSIDERATIONS:
  1. The use of affiliate platform logos is subject to the site owner’s affiliation with the respective affiliate program, thus considering that they have a commercial relationship with the company they promote. For this reason, Wasabi Theme is not responsible for any possible actions that such companies may take against the end user if they do not comply with these guidelines.
  2. You are licensed to use the Wasabi Theme to create the number of websites according to the terms of your purchased license, for yourself or for a client, and the website can be distributed for free, limited by the maximum number of websites established by the license you paid for.
  3. This license applies in conjunction with the Wasabi Theme website’s Terms. If there is any inconsistency between this license and the Wasabi Theme website’s Terms, this license will be used to resolve the discrepancy.
  4. This license may be terminated if you violate it. In that case, you must stop making copies or distributing the website until you remove the Wasabi Theme.
  5. The author of Wasabi Theme retains ownership of Wasabi Theme but grants you the license under these terms. This license is between the author of Wasabi Theme and you.
12.2.2 YOU MAY:
  1. You can create a website for a client and transfer that single website to your client for any fee. This license is automatically transferred to your client. Examples:
    1. You use the Wasabi Theme to create your website. Then you sell it to another person. You can do this, but you must immediately remove the Wasabi Theme from your systems.
    2. You want to host a giveaway. You purchase the Wasabi Theme to use it as a prize for the giveaway. The license will be transferred to the winner of the giveaway.
    3. You are creating a website for your client. Whether you are a freelancer or an agency, you purchase the Wasabi Theme to build that website. Once you sell it to your client, the license will be transferred to them. In all the above cases, you must ensure to warn and inform the person (client, recipient, customer, etc.) to whom the license has been transferred about these license terms. Then, you must remove the Wasabi Theme from your own systems.
  2. You can modify or manipulate the Wasabi Theme.
  3. You can combine the Wasabi Theme with other works and create a derivative work from it. The resulting works are subject to the terms of this license.
  4. You can customize the Wasabi Theme to meet the needs of your website.
  5. You can only use the Wasabi Theme for legal purposes.
12.2.3 YOU MAY NOT:
  1. You cannot sell the website, except to the number of clients limited by the number of websites established by the license you paid for.
  2. You cannot use the Wasabi Theme for illegal purposes.
  3. You cannot redistribute the Wasabi Theme as stock, in a tool or template, or with source files. You cannot do this with the Wasabi Theme alone or together with other elements, even if you modify the Wasabi Theme.
  4. You cannot redistribute or make available the Wasabi Theme as-is or with superficial modifications.
  5. You cannot obtain a license for the Wasabi Theme and then make it available on your website for your users to download.
  6. You cannot use the Wasabi Theme in any application that allows an end user to customize a website according to their specific needs (Website Builder). You can use the Wasabi Theme in this manner only if you purchase a separate license grant for each end product that incorporates the Wasabi Theme created using the application.
  7. You cannot extract and use a single component of the Wasabi Theme independently. For example, you cannot extract a JavaScript file to use it outside of the theme. You must not allow an end user of the website to extract the Wasabi theme and use it separately from the website.
  8. You cannot use the Wasabi Theme in a logo, trademark, or service mark.
  9. Some external components used in the Wasabi Theme may have a license with different terms, such as another person’s license or an open-source license (for example: MIT) or a CC license. Those components will be identified by the author in the main theme file (style.css) referencing their licenses, which will apply to that component instead of this license. This license will apply to the rest of the Wasabi theme.

13. LIABILITY – LIMITATION – EXONERATION

13.1 Liability

THE HOLDER OF THE SITE will endeavor to ensure that the transmission of the website is uninterrupted and error-free, but does not guarantee the full operation of the same by circumstances beyond its control or by accident or force majeure. In turn, it warns that for maintenance, repairs or improvements to the website, access to the USER ‘s account may be temporarily suspended or restricted.

THE HOLDER OF THE SITE shall not be liable for losses caused to users, suppliers or third parties when these are not the result of failure to comply with its obligations, generate lost profits or any direct or indirect damage to them.

The USER shall be solely responsible for expenses related to internet connections, downloads, or other expenses incurred by using the site. The WEBSITE OWNER shall not be liable for any damages to the USER‘s hardware and/or software resulting from the use of the website, the products, or services offered by the owner. It shall also not be liable for damages and/or losses arising from the use of the website, especially those caused by computer systems, crashes, interruptions, viruses, malware, among others.

The USER shall be solely responsible for any damages and / or losses that the HOLDER OF THE SITE could receive derived from the breach of the obligations set forth in these terms and conditions as well as in any other document of the website, or national and international regulations that apply.

13.2 Limitation of Liability

As permitted by law, the SITE OWNER shall have no liability for direct, indirect, incidental, consequential or punitive damages, special or loss of profits or revenues, tangible or intangible, committed directly, indirectly or for loss of data whether incurred directly or indirectly or any loss of data, when resulting from:

13.2.1 Access to, use of or inability to access or use the website, its products and/or services;

13.2.2 Any conduct or content of any party other than the SITE OWNER, including, but not limited to, defamatory conduct, any defamatory, offensive or illegal conduct; or

13.2.3 Unauthorized access, use or alteration of its contents or information.

The USER acknowledges and agrees that the exclusions and limitations of liability set forth in these terms of use correspond to a reasonable and equitable allowance of risk with the website and are essential to the operation of the website.

13.3 Indemnities

The USER agrees to indemnify, defend and hold harmless the OWNER OF THE SITEThe Site, its affiliates, and other licensors, agents and third party providers shall be liable for any losses, costs, damages, costs, claims, demands and demands reasonably incurred, including reasonable attorneys’ fees, resulting from any breach of the obligations set forth in these terms or any other binding documents on the Site. THE HOLDER OF THE SITE, reserves the right to assume its defense and control in case of indemnification by the USER, ensuring full cooperation if necessary his appearance.

14. PRIVACY POLICY

www.wasabitheme.com has a Privacy Policy that clearly explains how the personal information of the USER is collected, used, and (under certain conditions) disclosed, indicating also the measures used to ensure personal information and the procedures for the collection, use, and disclosure of USER information. This policy is an integral part of these contracting conditions. To view our Privacy Policy, click here.

15. DISSOLUTION OF THE CONTRACT

Either party may dissolve this contract. If The USER is not satisfied with the products/services provided or offered through the web site is not obliged to remain or commit with the SITE OWNER. In the event of such dissolution, the right to use the products/services contracted with the company shall cease immediately and without compensation. SITE OWNER.

In case of non-compliance with the obligations or conditions stated in this or any other binding and previously accepted document on the web site the SITE OWNER may terminate or suspend all or any of the products/services contracted with the SITEOWNER, immediately without any prior notice or liability whatsoever.

In particular, they are considered grounds for dissolution of the contract: 1) Failure to comply with the obligations set forth in any of the binding documents for the use of the website, 2) Proven falsehood of data provided by the USER to the HOLDER OF THE SITE, 3) Issuance of false or harmful comments related to the website or its owner, 4) Abusive actions in the request or application of technical service.

16. IMPORTANT CONSIDERATIONS

Complete agreement. These General Terms and Conditions and the policies applicable to users posted on the Web Site constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior written or oral agreements between the Parties with respect to such subject matter.

Language. The general language for these conditions, as well as for the website in general, is English (England).

Separability. If any provision of these General Terms and Conditions shall be deemed unlawful, void or unenforceable, such provision shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these General Terms and Conditions.

Waiver. A provision of these General Terms and Conditions may be waived only by an instrument in writing executed by the Party entitled to the benefit of such provision. The failure of the SITE OWNER to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Realize. Any notice or other communication to be given hereunder shall be in writing and shall be delivered by facsimile, return receipt requested by certified or registered mail or by electronic mail.

17. APPLICABLE LAW

This Agreement shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of laws. If any provision of these Terms and Conditions is declared unlawful, void, or for any reason unenforceable, it shall be interpreted within the framework of the agreement and, in any event, shall not affect the validity and enforceability of the remaining provisions. The applicable jurisdiction in England shall be the Courts of London unless expressly provided by applicable law.

18. NOTIFICATIONS

Any comments, concerns or complaints regarding the above, General Terms and Conditions, Terms and Conditions, Privacy Policy, or the execution of any of these, must be notified in writing to the HOLDER OF THE SITE, at the following email address moc.emehtibasaw@troppus .

19. MODIFICATIONS TO THE TERMS AND CONDITIONS

The SITE OWNER may modify the General Terms and Conditions at any time. Within five (5) days following the publication of the modifications introduced, the USER must contact the SITE OWNER if he/she does not accept them; in this case, the contractual relationship will be dissolved and the USER will be disqualified as a USER. Upon expiration of this term, the USER shall be deemed to have accepted the new terms and the contract shall continue to bind both parties.

General Terms and Conditions effective as of December 12, 2020.

Upgrades:

  • January 3, 2021: added license activation requirement to refund requests.
  • January 7, 2021, and February 23, 2021: refund conditions modified for new purchases.

Affiliate Program

1. Generalities

The purpose of the WASABI THEME affiliate program is to reward Affiliates for any new customers they refer to WASABI THEME by properly advertising the www.wasabitheme.com domain through legitimate methods.

The Program is expressly a business-to-business relationship and both WASABI THEME and the Affiliate enter into it as a business and not as a consumer.

The Program does not entitle Affiliate to represent itself as an agent, partner or any other form of associate of WASABI THEME other than as an Affiliate, as expressly provided in this Agreement.

WASABI THEME has the right to vary, modify or cancel the Program without notifying the Affiliate, and may make such change by posting the revised terms on the Site.

2. Commissions and Payments

WASABI THEME will pay the affiliate a commission of 25% of the value of each first purchase made by new users (excluding VAT) that comes through the affiliate’s link.

Payment can be made through PayPal or bank transfer once the affiliate reaches an accumulated amount of 100.00 euros per account and sends the corresponding invoice to ensure compliance with tax regulations. To do this, you must request payment by writing to moc.emehtibasaw@troppus, at which point we will send you our tax information so you can issue a legal invoice. Without a legal invoice, we cannot make the payment.

Products refunded within 30 days of purchase will be deducted from affiliate commissions.

The affiliate cookie generated by a visit from an affiliate link lasts for 72 hours and the sale is associated with the last affiliate who referred the customer.

If a sale is made with a coupon, the affiliate will receive 25% of the final price after applying the coupon excluding taxes.

Due to partnerships with external platforms (courses, communities, etc.), coupons may be created for exclusive use: it is understood that they are only available to you if you are within the partner platform and that any sales made with these coupons will be solely from the partner platform, not from an affiliation partnership. For this reason, sales made with these coupons will not be considered affiliate sales. Specifically, those coupons are:

  • Those created for Nicheros.com
  • Those created for Sabandijers.club
  • Those created for SEOWarriors.club

3. Registration – Right of Exclusion – Prohibitions

The potential affiliate must request authorization to become an affiliate from the SITE OWNER, after which the owner will verify the request and if he/she considers the application pertinent, he/she will proceed to authorize the Affiliate and will indicate a web link for the beginning of the affiliate relationship.

The affiliate will have access to a dashboard where they will be able to review their sales, clicks on affiliate links, generate their affiliate links, among others.

WASABI THEME reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason in its sole discretion.

The affiliate is prohibited from sharing, assigning, or allowing the use of the personal license granted to third parties, this will be cause for termination of the relationship, without prejudice to the legal actions that WASABI THEME deems appropriate.

In particular, if WASABI THEME deems the Affiliate’s website unsuitable for the Program, this Agreement will terminate. The Affiliate’s website may be considered inappropriate if, in the opinion of WASABI THEME, it contains, promotes or contains links to sites that are:

  1. discriminatory, sexually explicit, or violent material, or
  2. promotes, represents, or contains links to material that promotes or describes discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
  3. contains illegal material, this will include but not be limited to materials that may violate the intellectual property rights of another person, or
  4. contains information about, promotes, or links to a site that provides information or promotes illegal activities, or
  5. for any other reason that WASABI THEME (at its sole discretion) deems inappropriate.

WASABI THEME reserves the right to withdraw Affiliate status at any time after you have been accepted into the Program for any reason WASABI THEME deems relevant.

3.1 Legitimate Advertising Methods

To receive commissions for referring customers to WASABI THEME, the Affiliate must engage in appropriate advertising. Affiliates found to have engaged in inappropriate advertising shall terminate their agreement and revoke their affiliate status. WASABI THEME shall be the sole and absolute arbiter of what constitutes appropriate advertising.

  1. A non-exhaustive list of examples of inappropriate advertising should include, among others:
  2. redirecting any URL directly to www.wasabitheme.com (this includes spelling errors of the previous trademark domain); and
  3. forcing cookies through iframes.
  4. advertising through third-party networks; with the exception of promoting WASABI THEME through various social media communities. However, Affiliates are not allowed to create specific groups or web pages on social communities through which they pretend to be representatives of WASABI THEME.
  5. brand offers (including spelling errors) for PPC advertising.
  6. including WASABI THEME’s affiliate link within unsolicited commercial email (UCE) or SPAM.
  7. including any of WASABI THEME’s URLs in search ads.

WASABI THEME reserves the right to conclude that you have engaged in an improper method of advertising in accordance with our standards, in our sole discretion. We may reach such a conclusion even if it is based on our opinion or mere suspicion or belief and you have no duty on WASABI THEME to prove that our opinion or suspicion is well founded; and even if our opinion is proven not to be well founded or if other hosting companies / domain names have not considered it an improper advertising method.

Any Affiliate found to have adopted advertising methods that are inappropriate for the purpose of the Program will be deemed to have violated this Agreement and will have his or her Affiliate status revoked. Such Affiliate shall immediately cease to be an Affiliate of WASABI THEME.

Any sales generated through improper advertising will not qualify for commission or credit from WASABI THEME.

Any Affiliate found to be using these or other improper advertising methods may be required to pay any commissions paid to them by WASABI THEME. If WASABI THEME chooses not to enforce this right, it will not be deemed a waiver of any other rights you may have under this Agreement.

Conditions effective as of December 12, 2020.

Upgrades:

  • April 2, 2021: Increased the duration time of the affiliate cookie.

Privacy Policy

WASABI THEME provides you with this privacy policy where we explain how we collect, use and (under certain conditions) disclose certain personal information; we also explain the measures we take to ensure the security of the information you share with us and the processes we use to handle personal and/or sensitive data.

In WASABI THEME we guarantee the confidentiality and security of the personal and/or sensitive information you share with us, honoring the trust of our users and/or third parties interested in the services and/or products offered. If you only visit the website you do not need to share information as your status will be anonymous until you complete the login process.

BASIC INFORMATION ON DATA PROTECTION

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, with entry into force on May 25, 2018, hereinafter, GDPR, as well as the Spanish legislation that develops it, the conditions and procedures used by WASABI THEME for the processing of Users’ personal data are presented.

ResponsibleWASABI THEME
Commercial NameWASABI THEME
PurposeProtect, consult and, in certain cases, update the information necessary to meet requests and the maintenance of the commercial relationship between WASABI THEME and the user.
LegitimationConsent of the interested party.
RightsAccess, rectification, portability and oblivion of information, as well as other rights specified in this policy and in the applicable legislation.

1. DATA/IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

WASABI THEME

Email: moc.emehtibasaw@troppus

Activity: Marketing of products and provision of services aimed at managing license keys for the download and use of a WordPress® template called “Wasabi”.

2. GENERAL

The personal data provided by the Users to WASABI THEME will be processed by WASABI THEME, as the Data Controller, for the purpose of efficiently providing the service or product offered by the website, responding to technical support requests, and achieving the objectives of the website. Therefore, we clarify that personal information will only be collected when Users or third parties interested in the services and/or products offered by the website voluntarily provide it with prior, express, and informed consent.

This consent and the terms of the privacy policy apply only to personal data collected by the website, therefore does not apply to information or data obtained by third parties on other websites, even if they are interconnected with WASABI THEME.

In WASABI THEME, no profiling analysis or transfer of information will be carried out unless there is a legal obligation to do so. The user will have full rights of access, rectification, limitation, and deletion of such data, as well as any other rights established by regulations, by contacting moc.emehtibasaw@troppus. The user also has the full right to lodge any complaint they may have with the Information Commissioner’s Office (ICO) at: www.ico.org.uk.

3. DEFINITIONS

For the purposes of this policy, the words described below shall have the sense and meaning indicated, regardless of whether they are written in plural, singular, capital or lowercase, in case of confusion, they shall be in accordance with what is indicated herein or, failing that, in the applicable regulations:

  • Authorization: Refers to the prior, express, direct, and informed consent of the data subject to carry out the Processing of Personal Data.
  • Personal Data: Any information linked or that can be associated with one or several specific or determinable natural persons.
  • Public Data: Data that is not semi-private, private, or sensitive. Public data can be found, among other places, in public records, public documents, official gazettes or bulletins, and duly executed judicial sentences that are not subject to confidentiality.
  • Sensitive data: Those data that affect the Data Subject’s privacy or whose improper use can lead to their discrimination.
  • Privacy Policy: Physical, electronic, or any other format document generated by the Data Controller, made available to the Data Subject for the Processing of Personal Data, which informs the Data Subject about the existence of information processing policies applicable to them, how to access them, and the characteristics of the intended Processing of personal data.
  • Data Controller: WASABI THEME, the entity that decides on the database and/or the Processing of data for www.wasabitheme.com
  • Website: www.wasabitheme.com
  • Holder/User: Natural person whose personal data is subject to Processing, whether they are a user, supplier, or any third party who, due to a commercial or legal relationship, provides personal data to WASABI THEME.
  • Transferencia: Transfer of data occurs when the controller and/or processor of personal data, located in Spain, sends the information or personal data to a recipient, who in turn is responsible for processing and is located inside or outside the country.
  • Transmisión: The processing of personal data that involves the communication of such data within or outside the territory of Spain when it aims to carry out processing by the processor on behalf of the controller.
  • Tratamiento: Any operation or set of operations performed on personal data, such as collection, storage, use, disclosure, or deletion.

4. DATA PROCESSOR

As previously indicated, Wasabi Theme is responsible for processing the personal data collected by the website, applying the necessary security and protection measures to the personal data. The website user declares and accepts to be responsible for the data processing of their files; therefore, they will not have any responsibility for non-compliance or sanctions regarding data protection within the scope of the files for which they are responsible.

5. COLLECTED DATA AND SENSITIVE DATA

This privacy policy applies to information collected during registration and navigation as a user within the website; by sending/receiving emails between the user and the website, including newsletters and between applications that offer direct access to the website without intermediation of a browser, policy applies to the information we collect. However, it does not apply to information collected by the website offline or by any other means or by third parties of any nature or content (including advertising) linked to or from the website.

A. WHAT PERSONAL DATA DO WE COLLECT?

The amount or types of personal data collected by WASABI THEME depends on the activity performed within the website:

  1. Purchase of services/products offered:
    1. In the purchase form: First and last names, ID/Tax ID (if required for tax purposes), billing address, company name (optional), taxes, total order amount, payment method.
    2. Payment Gateways: Payment data processed by third parties (Stripe or PayPal).
  2. Affiliate Program: First and Last name, email address, username, web URL, email address to which payment will be made.
  3. Chat System: Email Address and Username; in some cases, it may be possible to request name, last name, address, and product license key.
  4. Newsletters – Newsletter: Name and Last Name, Username, and Email Address.

The personal information indicated above will be used for the activities described above, and may also be used, but not limited to: for support in cases of internal or external audits, providing technical support, sending information to judicial or government agencies upon request by legal obligation, sending or receiving newsletters for advertising and/or technical support, contact with users or suppliers, data collection for the fulfillment of the obligations of the controller of personal data, increased security and fraud prevention, any other purpose necessary for the execution of the contract between the user and WASABI THEME.

The forms will indicate the information considered mandatory, the user may decide not to provide it, in this case, the user will not be able to use the website normally. The User has the power and possibility to modify the preferences of his account in the case of not wanting to receive e-mails or newsletters by logging into your account or notifying the owner of the website, as well as prevent the use of cookies, for this you should check the option in the browser of your choice.

Additionally, the User can write to moc.emehtibasaw@troppus to request access, correction, or deletion of any personal information provided to the website. In the event that the owner considers that modifying the data would violate any law or legal requirement, or that the resulting information would be incorrect, the website owner reserves the right not to make the requested modification.

WASABI THEME, undertakes not to make the sale, licensing, transmission or disclosure outside the website, unless (1) The “User” gives express authorization to do so, (2) It is necessary to perform the activities entrusted to the payment gateways or external agents used by WASABI THEME for essential activities of the site. (3) In the event of a merger, consolidation, acquisition, divestiture or other website restructuring process.

WASABI THEME reserves the right to outsource the processing of certain information or functions of the website to third parties; in this case we guarantee to notify them of the obligation to use appropriate security measures and the prohibition of the use of personal information for purposes other than those entrusted by WASABI THEME and the disclosure of such information.

B. PROCESSING OF SENSITIVE DATA

The processing of sensitive data will proceed exclusively when: a) The owner has expressly authorized its treatment, with the exception of those cases where the law relieves the obligation of authorization, b) The processing is necessary to safeguard the interests of the owner if he/she is legally incapacitated, with the due authorization of his/her legal representatives, c) the processing is related to data necessary for the defense or exercise in a judicial process, these data will be processed in accordance with the request for legal response in judicial or administrative investigations, e) are necessary to collect, statistics, scientific or historical data, for this purpose, the necessary measures will be taken to delete the identifying data of the owners/users.

6.1 PURPOSE

The purpose of the processing of personal data corresponds directly to the execution of the objectives of the website, namely:

  1. The marketing of products and provision of services aimed at managing license keys for downloading and using a WordPress® template called “Wasabi.”
  2. Provision of service or technical support via email.
  3. Hosting information about the template.
  4. Establishment of an affiliate program aimed at marketing this.

6.2 LEGITIMACY AND CONSENT TO PROCESSING

The legitimization required by law, is made by the User with the consent and acceptance of this policy and other binding documents of the website.

The User may withdraw his/her consent at any time by notifying the owner of the website.

6.3 CATEGORY OF DATA COLLECTED

The data collected do not have any special categorization, they correspond to identifying and sensitive data, with the necessary protection for each of them.

6.4 SHELF LIFE

In accordance with the provisions of Article 13.2.a) of the RGPD, personal data will be kept until the user communicates the will of deletion of the data, otherwise it will be kept for the minimum time indicated in the regulations.

6.5 MINORS

The website is not directed to persons under eighteen (18) years of age, in case the User is under age the relationship between this and WASABI THEME will be void and the owner of the site reserves the right to take appropriate action, likewise disclaims any liability arising from the failure or breach of this condition.

7. AUTOMATIC DATA COLLECTION

WASABI THEME informs the user that it uses automatic data collection technologies to establish browsing patterns, actions and accelerate searches on the website, this data may include, but is not limited to visits to the website, such as traffic, logs, resources and other communication data and data on IP address, operating system and type of browser used.

The owner of the website does not control the tracking technologies applied by third parties, for more information the USER should contact the provider directly according to the list provided by WASABI THEME.

8. DATA PROCESSORS AND THIRD-PARTY SERVICES PROVIDED ON THE WEBSITE.

For the operation of the website it is necessary the collaboration of suppliers for certain services, which perform data processing for its operation, these are called Data Processors. The owner of the website uses subcontractors inside and outside the EU/EEA that guarantee the fulfillment of the necessary obligations and conditions with the level of protection required by the applicable regulations.

The following is a list of these suppliers, with current safety certification:

  • NameCheap©, provided by 1&1 NameCheap, Inc. is a web domain registration service.
    • Address: 4600 East Washington Street, Suite 305, Phoenix, AZ 85034
    • Certifier of Security: COMODORO RSA Extended Validation Secure Server C.A
  • Nicalia Internet S.L.U.: Web hosting service.
    • Sant Marc Street 35, Canet de Mar, Barcelona – Spain
  • Stripe, Inc (Stripe©): Payment processing system
    • Address: 185 Berry Street, Suite 550, San Francisco, CA 94107, USA
    • Security certifier: DigiCert SHA2 Extended Validation Server CA.
  • PayPal (Europe) S.à r.l. et Cie, S.C.A: Payment processing system
    • Address: R.C.S. Luxembourg B 118 349
    • Security Certificate: DigiCert SHA2 Extended Validation Server CA
  • Help Scout Inc. (HelpScout): CRM system for customer support
    • Address: 131 Tremont St, Boston, MA 02111-1338, USA
    • Security Certificate: DigiCert SHA2 Extended Validation Server CA
  • The Rocket Science Group LLC d/b/a Mailchimp (Mailchimp©): Newsletter service
    • Address: Mailchimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia, 30308, USA
    • Security Certificate: DigiCert SHA2 Secure Server CA
  • Google LLC (Google Analytics© – Adsense©): Services provided by Google Inc. for statistics.
    • Main Address: 1600 Amphitheatre Parkway, Mountain View, California, CA 94043, USA
    • Security Certificate: Google Internet Authority G3
  • Google LLC (Google reCAPTCHA): Risk analysis engine
    • Main Address: 1600 Amphitheatre Parkway, Mountain View, California, CA 94043, USA
    • Certificador de seguridad: GTS CA 1O1
  • Ecosistemas Digitales de Negocio, SL (Cuéntica): Invoice generation system
    • Main address: Paseo Independencia 8, 8ºD, Zaragoza, Spain.
    • Security Certificate: DigiCert SHA2 Secure Server CA

Data collected by third parties according to the type of service provided.

Cookies (Google Analytics – AdSense – ReCaptcha): With the registration or use of the site, for more details, the USER should review the cookie policy of the website.

Purchase of services/products offered:

  1. In the purchase form (Cuéntica): First and last names, ID/Tax ID (if required for tax purposes), billing address, company name (optional), taxes, total order amount, payment method.
  2. Payment gateways (PayPal or Stripe): Name and surname, email address, card number, cardholder’s name, expiration date, security code (CCV).

Affiliate Program: First and Last name, email address, username, web URL, email address to which payment will be made.

Chat System (HelpScout): Email and Username; in some cases it is possible to request first name, last name and address.

Newsletters – Newsletter (Mailchimp): First and Last Name, Username and Email.

9. PRINCIPLES WE APPLY IN THE PROCESSING OF PERSONAL DATA.

In accordance with the provisions of Chapter II of the GDPR, WASABI THEME applies the following principles to the processing of personal data provided for the use of the website:

  1. Minimum data: The data collected and processed correspond only to the minimum necessary for each purpose (indicated in section 5.A).
  2. Legality and transparency: For data processing, it is essential to have legitimacy for its use, meaning the user has registered, contracted, or granted consent.
  3. Limitation on retention period: The data will be kept for the minimum time indicated by the regulation unless the User requests the cancellation or deletion of such data.
  4. Confidentiality and integrity: The website owner guarantees the use of necessary security measures to safeguard the confidentiality of the data.

10. RIGHTS IN THE PROCESSING OF PERSONAL DATA.

In compliance with the provisions of the RGPD, the User may contact WASABI THEME through any of the means indicated for this purpose, to exercise the rights of access, rectification, deletion, opposition, portability and withdrawal of consent of their personal data.

  1. Right to request access to personal data. Article 15 of the GDPR.
  2. Right to request rectification or erasure of data. Article 16 of the GDPR.
  3. Right to request limitation or erasure of processing. Article 17 and 18 GDPR.
  4. Right to object to processing. Article 21 GDPR.
  5. Right to data portability. Article 20 of the GDPR.

The exercise of these rights is personal and direct by the interested party, in case of impossibility of exercising them personally, he/she may sufficiently empower another person. The response to the request to exercise any of these rights will be made effective within 10 days of receipt by the File Manager. In the event that the File Manager considers that it is not appropriate to accede to the request, he/she will inform you with reasons and within the period indicated above.

The User may address any complaints of non-compliance to the owner of the website/WASABI THEME to the Information Commissioner’s Office (ICO) at: www.ico.org.uk.

11. DATA CONFIDENTIALITY AND SECURITY

The data provided are stored on servers with firewalls, and are hosted on servers located in Canada, France and the United States, so by using the website or providing data, the user agrees to the transfer to these servers.

Furthermore, in accordance with the provisions indicated in Article 32 of the RGPD, WASABI THEME informs the User that it has the technical and operational security measures in place to ensure data security, by implementing security certificates (SSL) on the website. Personal data is collected using HTTPS (HyperText Transfer Protocol Secure), a security protocol that allows encrypted transmission of data between the website server and the user, and vice versa.

However, the transfer of data on the Internet is not 100% secure, but we ensure that we make every effort to guarantee the protection of personal data. The User guarantees to be responsible for the transmission of his data in the event of a security problem between the privacy settings or security measures of the website.

In accordance with Articles 33 and 34 of the GDPR, the owner of the WASABI THEME website will notify the Information Commissioner’s Office (ICO) and the affected parties in the event of a breach or possible violation of the website’s personal data security within a maximum period of 72 hours.

In the event that individuals or legal entities create hyperlinks from their web page to the www.wasabitheme.com website, they must comply with the following conditions:

It is the sole responsibility of the owner of the website and written authorization must be requested for this purpose:

  1. Reproducing, in whole or in part, the related content.
  2. Establishing deferred deep links, image links, or frames related to the website.

Use the trademark, trade name, denomination, logo, phrase or slogan distinctive of the website, with the exception of the denomination indicated in the hyperlink.

No false, inaccurate or incorrect expressions may be made about the website, its products and/or services.

The use of the hyperlink does not mean the existence of commercial relations between the holder of the web page where it is used and the holder of the site www.wasabitheme.com, neither does it mean the knowledge or acceptance of the services, products, contents, manifestations and/or publications of the referred page outside the web site, therefore the holder of the site does not carry out commercialization, direction or any control on these aspects before the web page.

The owner of the site does not accept or assume any liability whatsoever for any direct, indirect or subsidiary liability for damages and/or losses arising from the access, maintenance, use, quality, legality, reliability and usefulness of any content, information, communication, opinion, statement, products and/or services offered by web pages not managed by the owner of the website.

13. USERS AND RESTRICTED ACCESS

The USER is the sole and exclusive responsible for the custody of his password or access class, therefore the owner of the website is not responsible for any damages or losses arising from misuse, loss or any other circumstance that generates a risk for access by unauthorized third parties. In any of these cases, the USER must notify WASABI THEME.

14. INTELLECTUAL AND INDUSTRIAL PROPERTY

The images and contents used by the owner of the site, have been taken, created or purchased from suppliers licensed by him, consequently the owner of the site or its licensors are the holders of all intellectual property rights on the images and contents in general of the website, including designs, databases, software with source code included, in addition to the elements that generally make up the website such as text, graphics, photographs, videos, colors, structure, among others.

The site owner guarantees that the activities carried out by him on the website comply with national and international regulations related to copyright and other uses of intellectual property, as well as with privacy and personal identity.

The User acknowledges and agrees that the licenses granted for the use of the products/services provided by the website are personal and non-transferable. In case of infringement, the Website Owner reserves the right to take necessary legal actions, including civil and/or criminal actions, under the Copyright, Designs and Patents Act 1988 and other relevant intellectual property laws of the United Kingdom.

15. DATA TRANSFER

WASABI THEME will not transfer the personal data of users, except to the data controllers indicated in paragraph 9 for the purposes in each case. In accordance with Article 13.1 (a) of the GDPR, WASABI THEME, does not share the data nor is it a recipient of the data.

The user declares to know and accept this privacy and personal data protection policy, and therefore gives legitimate consent to the processing of such data by the owner of the site / WASABI THEME according to the purposes and procedures indicated in this document.

17. REVOCABILITY

The consent granted may be revoked at any time by the User by notifying WASABI THEME. Such revocation shall not be retroactive.

In addition, in accordance with the provisions of Law 34/2002, of June 11, 2002 on Information Society Services and Electronic Commerce, the User may object to the use of his/her data for advertising purposes, market research or development of satisfaction surveys, for which purpose he/she must notify WASABI THEME by e-mail.

18. APPLICABLE LEGISLATION

This Policy shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared unlawful, void, or for any reason unenforceable, it shall not affect the validity and enforceability of the remaining provisions.

19. CONTACT

Any comments, concerns, or complaints regarding the above Terms and Conditions, the Privacy Policy, or the execution of any of these, must be notified in writing to the Site Owner at the following email address: moc.emehtibasaw@troppus.

20. CHANGES IN THE PRIVACY POLICY

WASABI THEME has the full right to modify at its own discretion or due to a change in legislation, case law, or doctrine of the Information Commissioner’s Office (ICO). Within five (5) days following the publication of the introduced modifications, the “User” must contact the site owner if they do not accept them; in that case, the contractual relationship will be dissolved, and the “User” will be disabled. After this period, it will be considered that the “User” accepts the new policies, and the contract will continue to bind both parties.

Policy effective December 26, 2020.

Cookie Policy

We use our own and third party cookies to obtain statistical data on user navigation and improve our services. If you accept this policy or browse the website, we consider that you accept its use. You can change the configuration or obtain more information.

The cookies used in WASABI THEME do not provide references that allow the name and surname of the User to be deduced and cannot read data from your hard disk or include viruses in their texts, since they are associated with an anonymous user and his or her computer. Therefore, WASABI THEME cannot read cookies implanted on the User’s hard drive from other servers.

The cookies used by the site allow:

  1. Contributing to its proper functioning.
  2. Analyzing website traffic and usage patterns.
  3. Speeding up your searches.
  4. Recognizing you when you revisit the website.

Likewise, we inform you that we will never use cookies to:

  1. Collecting personally identifiable information or sensitive data without your prior express authorization.
  2. Sharing personally identifiable information with third parties.

In compliance with the provisions of Article 22.2 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, this website informs you, in this section, about the policy of collection and treatment of cookies.

1. WHAT ARE COOKIES?

A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or its equipment and, depending on the information they contain and the way you use your computer, can be used to recognize the user.

2. WHAT TYPES OF COOKIES DOES THIS WEBSITE USE?

This website uses the following types of cookies:

  • Analytics Cookies: These are cookies that, whether processed by us or by third parties, allow us to quantify the number of users and thus carry out the measurement and statistical analysis of the use made by users of the service offered. To do this, we analyze your browsing on our website in order to improve the services we offer.
  • Technical Cookies: These are cookies that allow the user to navigate through the restricted area and use its different functions, such as carrying out the purchase process of the offered service.
  • Customization Cookies: These are cookies that allow the user to access the service with certain predefined general features based on a series of criteria on the user’s terminal, such as language or the type of browser used to connect to the service.

3. THIRD-PARTY COOKIES

This website uses third party services to collect information for statistical purposes and web usage. Our site includes other functionality provided by third parties. Now, within the third-party cookies commonly used by WASABI THEME are:

  • Google Analytics, an analytical service that helps the site to analyze the usage of the site by users and improve its utilization, but in no case are associated with data that could identify the user. Owner Google LCC (Google Analytics© Adsense©), Principal Address: 1600 Amphitheatre Parkway, Mountain View (California), CA 94043,USA. More information about Google Analytics cookies and privacy information.
  • WordPress®: WASABI THEME is a user of the WordPress® blogging supply and hosting platform, owned by Automattic, Inc, with address at 60 29th Street #343. San Francisco, CA 94110, U.S.A. In this case, these cookies do not provide any benefit to WASABI THEME, and their use by these systems is not under the control or management of the website owner, so their function may change at any time, and new cookies may be introduced. For further details on the specific use they make of Automattic’s website, you can check the “Cookies” section of their privacy policy here.
  • Stripe Session: This cookie stores information about various options for the functionality of the Stripe® payment gateway, storing an ID necessary to process the payment. For more information, visit https://stripe.com/cookies-policy/legal. Owner: Stripe, Inc., Address: 185 Berry Street, Suite 550, San Francisco, CA 94107, USA. For further details, refer to their privacy policy at https://stripe.com/privacy.
  • PayPal Session: This cookie is used to store information about various options for the functionality of the PayPal® payment gateway, storing an ID necessary to process the payment. For more information, visit https://www.paypal.com/us/legalhub/privacy-full/. Owner: PayPal (Europe) S.à r.l. et Cie, S.C.A., Address: R.C.S. Luxembourg B 118 349.
  • Facebook Pixel: This code allows users to place ads within the Facebook platform by installing a tracking pixel that facilitates the placement of advertising campaigns. For more information, visit https://www.facebook.com/policies/cookies/.
  • Google Pixel: This code allows users to place advertising campaigns on the Google Display Network via a tracking pixel. For more information, visit https://www.google.com/settings/ads/plugin.
  • HelpScout (CRM): Our customer support service management software. HelpScout processes any email sent to moc.emehtibasaw@troppus. HelpScout uses the metadata and content of the email to show us information about who the user is and what conversations we have had previously. The HelpScout Beacon, which is the chat icon displayed in the bottom right corner, will also be loaded on the website, allowing you to view and search articles and/or send us a message quickly. Through the chat, we will collect your name, email, and also send your information when you send a question. Additional context when we receive your message. Beacon also records technical information such as browser information, the device you are using, and your IP address; as well as site information, such as which page of the site you are contacting us from. This data is only used to help us get a better context to assist you. We use “page tags” to allow us to statistically monitor how you are using the website so that we can improve our offerings and determine the popularity of certain content. Owner: Help Scout Inc, Address: 131 Tremont St, Boston, MA 02111-1338, USA. For more information, visit https://www.helpscout.com/company/legal/privacy/.
  • Mailchimp©: The website uses MailChimp for the newsletter service, which the User will receive in their email with updates on product and service offers or any other information that the site owner deems appropriate. At any time, the user can unsubscribe using the provided option. Owner: The Rocket Science Group LLC d/b/a Mailchimp, Address: Mailchimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia, 30308, USA. For more information, visit https://mailchimp.com/legal/privacy/.
  • Cuéntica, the website uses Cuéntica software for invoice generation. Owner: Ecosistemas Digitales de Negocio, SL (Cuéntica), Main Office: Paseo Independencia 8, 8ºD, Zaragoza, Spain. For more information, visit https://cuentica.com/politica-privacidad/.
  • Google reCAPTCHA, a service that acts as a risk analysis engine and allows verification through challenge questions to ensure that the user of the website is a human and not a computer robot. Owner: Google LLC, Head Office: 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA. More information at https://policies.google.com/privacy.

WASABI THEME, uses cookies or functionalities provided by third parties, these are tested by their owners on a regular basis with new designs or services for recommendations and reports; therefore, cookie configurations may be modified or temporary cookies may appear for study and evaluation purposes not indicated in this policy and that do not always allow us to inform them due to their short duration; but we always guarantee not to use cookies that are risky for your privacy or personal information.

In accordance with Article 22.2 of the LSSI, the cookies that can be installed during navigation in www.wasabitheme.com:

NameTypeMax. durationPurpose
_gaPersistent third parties2 yearsIt belongs to Google Analytics, it is used to distinguish users.
_gidPersistent third parties24 hoursIt belongs to Google Analytics, it is used to distinguish users.
_gatPersistent third parties1 minuteIt belongs to Google Analytics, it is used to limit the percentage of requests.
__stripe_midSession24 hoursUsed by the Stripe payment gateway, it stores an ID required to make the payment.
__stripe_sidSession24 hoursUsed by the Stripe payment gateway, it stores a session ID required for payment.
mc_cidPersistent third parties14 daysUsed by Mailchimp service to manage the sending of newsletters, stores campaign ID.
mc_eidPersistent third parties14 daysUsed by Mailchimp service to manage the sending of newsletters, stores user id/email.
mc_landing_sitePersistent third parties14 daysUsed by Mailchimp service to manage the sending of newsletters, stores user IDs.
w_discOwnSessionUsed by Wasabi to establish discounts
w_disc_nichOwn1 dayUsed by Wasabi to establish discounts

4. DISABLE COOKIES

You can allow, block or delete cookies installed on your computer by configuring the browser options installed on your computer.

Most web browsers offer the possibility to allow, block or delete cookies installed on your computer.

Below you can access the settings of the most common web browsers to accept, install or disable cookies:

5. WARNING ABOUT DELETING COOKIES

You can delete and block all cookies from this site, but part of the site will not work or the quality of the web page may be affected.

If you have any questions about the cookies policy, you can contact this website through the contact channels.

Regardless of your choice regarding the use of cookies, acceptance of this privacy policy implies that you have been clearly and completely informed about the use of data storage and retrieval devices (cookies) and that WASABI THEME has the user’s consent for the use of cookies as established in Article 22 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).

Policy effective October 9, 2020.