1. Team Ultimate welcomes you and all your friends (and family) to our marketplace. Before we get started with the usual information that we need to share with you from a legal point of view; we hope you have a great time on our website.
2. The UltimateThemes.co.uk worldwide marketplace has two simple objectives:
- To help you and millions of like minded people find the most creative resources from the world’s most inspired designers and web developers.
- To provide you and fellow creative’s with a platform to showcase your designs and templates.
In order to utilise the UltimateThemes.co.uk marketplace as a buyer or seller; you are required to become a member of our community. By agreeing to our terms at the point of a transaction, you will be authorised to buy and sell designs and templates at your leisure.
3. The UltimateThemes.co.uk marketplace allows its members to buy and sell digital items like website themes (WordPress, HTML inc. Joomla, Drupal, ECommerce Platform designs, Content Page designs and Email designs) and PSD Templates and Designs. No Licences will be applied unless stated by each individual author.
The marketplace will facilitate transactions between UltimateThemes.co.uk and you; as either a buyer or seller via a payment system integrated by Team Ultimate. All transactions are logged on your member individual member’s profile.
4. The items applied to the UltimateThemes.co.uk platform are owned 100% outright by each individual author who applies the item to our marketplace. However, by agreeing to our terms and conditions, UltimateThemes.co.uk does have rights to promote your items across our website and use items for promotions on further marketing channels including social media and 3rd party websites.
5. By coming onto our website, you are agreeing to follow the rules and regulations outlined on our website by accepting the UltimateThemes.co.uk terms and conditions. If you do not accept our terms and conditions, you will be allowed to visit our website and view items but unfortunately, you will be unable to purchase or sell an item in the marketplace.
6. Team Ultimate recommends you should be at least 16 years of age or above to view the marketplace. We do not knowingly collect information from an individual who is 16 years of age or under. When browsing UltimateThemes.co.uk, you agree to follow our guidelines and terms on the website whether you are confirmed as a member or decide not to become an ultimate member.
7. Team Ultimate recommend you are of at least 16 years of age and above to use our website. If you are 16, 17 years of age and you would like to make a transaction, please ensure you ask the permission of a parent or legal guardian who is at least 18 years of age.
An UltimateThemes.co.uk “Ultimate Membership” is FREE. A FREE membership will allow you to purchase items from our marketplace and contribute to our website features in order to enhance the platform for the future. In addition, your membership allows you to sell items within the marketplace and earn income.
8 . As an Ultimate Member, you promise to provide us with personal information which is true, accurate, up to date and complete at all times. If your personal information changes, you are responsible to change this information within your personal profile on our website.
Team Ultimate recommends you keep your username and password secure and do not share this information with anybody else unless you have personally authorised them with permission to access this information. If you feel your account was the subject of unauthorised access, please contact us immediately on firstname.lastname@example.org.
As an Ultimate Member, we feel you should read the following terms and conditions on how to successfully undertake actions on UltimateThemes.co.uk website. Please read this information carefully.
How to purchase a marketplace item
This section of the terms and conditions will allow you to understand how to buy an item in our marketplace.
9. When you purchase an item, you are paying a cost to the author for the right to use that item. In some cases, you are not buying licences as it depends on the terms the seller. Whichever product or licence you purchase will be clearly stated on each individual product page.
In some cases, authors will apply one or more ‘licences’ to their items. Please select the correct licence for your purchase. It is your responsibility to select the correct licence for your purchase. UltimateThemes.co.uk cannot be held accountable for a user purchasing the wrong product licence. However, we can advise on which licence would suit your needs. If you require advice on which licence to purchase, please email email@example.com.
As part of our responsibility to you, when you purchase an item from us, we will provide you with “aftercare” include fraud protection, payment protection, 24 hours, 7 days a week buyer support and other buyer support needs that we deem acceptable under our “responsibility” at the discretion of Twister Digital Media Limited.
10. Handling Fee: A handling fee will be charged to all transaction. The fee will be a standard 60p charged to every transaction you make with UltimateThemes.co.uk. This fee covers the administration activity undertaken by Team Ultimate during your transaction.
How to make a transaction as a purchaser:
11. You can make payment for an item our marketplace by purchasing through a variety of payment methods including PayPal, debit card and credit card. Options for payment will be available once you have confirmed your item through our third party payment providers PayPal UK. For more information on PayPal UK, please visit https://www.paypal.com/uk/home
Team Ultimate will be introducing a variety of methods to accept payment on the website going forward. This information will be shared with you, the purchaser, when available.
12. The UltimateThemes.co.uk website will convert the price of an item in accordance to your location. By paying through our third party payment provider, PayPal UK; you will be able to pay using your local currency*. PayPal UK conducts the currency conversion and may charge you additional fees from time to time. UltimateThemes.co.uk does not control either the conversion rates or your financial institution’s fee although may inform you of changes from time to time.
* Local currency is available in 106 countries worldwide. If your currency is not located in the listing, please use pound sterling.
13. When you purchase an item from the UltimateThemes.co.uk marketplace; the following terms and conditions will apply:
- The item and licence you have chosen to purchase have been chosen appropriately to your needs.
- A completed purchase cannot be cancelled once you have completed the purchase.
- Every item you purchase will be available at the time of purchase. Updates will be made available to you under the terms of the author. Unfortunately, Team Ultimate and the author are unable to guarantee an item will be located on the marketplace at all times. Therefore, please download and save the item as soon as you purchase the item.
- The author retains 100% ownership of this item;
- Team Ultimate has the unreserved rights to enforce upon you (the purchaser) the terms and licences applied by an author.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
14. The authors promise to you (the purchaser).
- The author has created an item that does not infringe the intellectual property of a third party organisation or individual.
- The item created by a user is not counterfeit, incorrect, misleading, fraudulent, unlawful or defamatory.
- The item does not violate any applicable law or regulation including consumer protection, criminal law, pornography, anti-discrimination, trade practices or fair trading.
- The author is providing an item that does not contain viruses or other computer limiting software designed to condense or destroy your computers functionality.
15. Refunds: All refunds are made at the discretion of Team Ultimate. Given the nature of downloadable digital items and products, refunds are not accepted unless required under UK or European or consumer law. To open a support ticket, please contact firstname.lastname@example.org
There is no obligation to provide a refund in the following situations:
- You have changed your mind about an item;
- You bought an item by mistake;
- You do not have adequate expertise to use the item purchased.
If a refund is requested, your account will be temporarily suspended until the dispute is resolved. Please do not involve any third party organisations e.g. payment agencies to act on your behalf in receiving a refund. Please relay all refund issues directly to Team Ultimate using email@example.com
If a refund is made, it will be credited to your account using the same payment method and details provided during your purchase. All refunds will be made in pound sterling.
16. Becoming an Author: Team Ultimate endorses all levels of creativity. You can create an item on the marketplace from your home, in your free time or on the weekend. You can create as a hobby and use your creativity as extra income or if you are fortunate, you can make it your full time profession. To become an author, sign up a member of our community. If you do become an author on our website, Team Ultimate would like to remind you that you are agreeing to these terms and conditions.
To become a creative author on our market place, please visit our resource centre for the latest, hints, tips and advice.
17. What Team Ultimate own: UltimateThemes.co.uk owns all content that we have put on UltimateThemes Marketplace (unless otherwise stated). This includes the design and outlook of the website, copyright, trademarks and any other intellectual property on the UltimateThemes marketplace.
As a member of our community or visitor to our website, you are not permitted to copy, distribute or steal any works of UltimateThemes.co.uk or any of the intellectual property held unless stated by the company. Any breach of this terms and conditions will result in legal action being taken.
18. What Team Ultimate don’t own: UltimateThemes.co.uk do not own any item on the marketplace unless otherwise stated. Our authors own the majority of themes on the site. Although we do make every effort to ensure all items on the market place are morally and ethically correct, we are unable to responsibility for the quality, safety or legality of the items. Each author provides warranties to you directly as per section 14 of the Terms and Conditions.
19. Copyright, trademark and intellectual property: Team Ultimate respects the intellectual property rights of others on the marketplace. As a member of our community or visitor to our website, we do require you to do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact firstname.lastname@example.org.
Use of information
21. Confidentiality: Your information is valuable to UltimateThemes.co.uk. We take precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your information is secure. Furthermore, whilst using our marketplace, you may also become aware of confidential information relating to another member or group of members. Under these terms and conditions, you make a promise not to disclose any confidential information made available to you through our marketplace.
22. Prohibited: UltimateThemes.co.uk is a community website for creative individuals. However, there are ethics and values that we abide by. Therefore, we have created a code of conduct that you agree to as a visitor or member of UltimateThemes.co.uk including:
– All items enlisted on the UltimateThemes.co.uk marketplace are exclusive to this website and will not be shared with any other website or organisation.
– You will not use a falsified email address, impersonate others or misrepresent your work to members of the community.
– You will not attempt to gain unauthorised access to UltimateThemes.co.uk’s computer systems, content or any other elements of the website and business practice.
– You will not attempt to contact other members of the UltimateThemes.co.uk website to organize a private arrangement outside of the marketplace.
– You will not use any information gained from the UltimateThemes.co.uk marketplace to make a trading arrangement that would otherwise be made on the marketplace.
– You will not enter any arrangements that are not consistent with these terms or conditions.
– You will not use information gathered from our marketplace in a way that attempts to mislead or confuse fellow members of the marketplace.
– You will not attempt to negatively impact upon the UltimateThemes marketplace in anyway including violations in relation to law, intellectual property, fraud or defamation of character.
– You will not attempt to modify, reproduce, display, copy, licence, recreate or re-sell any information, content, item or item licence that has been obtained from the marketplace.
23. Contact Details: Team Ultimate does not recommend that you don’t make your full contact details public on the marketplace. If you make your contact details available, you do so at your own risk. UltimateThemes.co.uk is not responsible for any repercussions that occur from making your contact details available.
The details we recommend you do not include are:
- Email address,
- Street address,
- Skype name
- Phone number
- Private Social Network Handles
24. Contact Details: Team Ultimate does not recommend that you don’t make your full contact details public on the marketplace. If you make your contact details available, you do so at your own risk. UltimateThemes.co.uk is not responsible for any repercussions that occur from making your contact details available.
The details we recommend you do not include are:
- Email address,
- Street address,
- Skype name
- Phone number
- Private Social Network Handles
25. Linking- Accessing the marketing: Team Ultimate would be delighted if you decide to use websites or application (app) that link to the marketplace. However, please be cautious when accessing a 3rd party website or apps. Some websites may not display the full or correct information.
26. Linking- Creating a link to the marketplace: We would be delighted if you choose to link to our marketplace. However, if you do choose to link to our marketplace, there are rules and regulations that we apply that you have to adhere too. To learn more about linking to our website, please contact email@example.com.
We reserve the right to insist that any link to the marketplace be removed or discontinued. We reserve the right to revoke your ability to link to our marketplace.
27. Links from UltimateThemes.co.uk: UltimateThemes.co.uk contains links to other websites as per our agreement with individual authors. However, we have no control or responsibility of material or content that is displayed on these sites.
28. Legal: You have the right to become a member of UltimateThemes.co.uk by agreeing to our Terms and Conditions. We want you to remain with us and our marketplace for a long time. However, we do reserve the right to suspend or terminate your account at our discretion if we feel you have failed to comply with our terms.
29. Our Indemnity: We provide UltimateThemes.co.uk marketplace, not the items on the marketplace.
We are liable and responsible for:
- The use of the marketplace including services, messages, technical support and content that we portray through the website.
- The breach of UltimateThemes.co.uk content of intellectual property belonging to others
- The breach of industry code, regulations and laws that apply.
You have no responsibility to us for any indemnity enlisted above. We agree cover you from all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to our indemnity listed in section 29.
30. Your Indemnity: You are liable and responsible for the following:
- Your use and conduct of/ on the UltimateThemes.co.uk website.
- Your content, the items you apply, messages, content, information, software or other materials you apply to the marketplace.
- Your breach of our terms and conditions, industry code, regulation, laws and our terms and conditions.
We have no responsibility to you for all matters relating to your indemnity- section 30. You are responsible for all the indemnity enlisted in section 30. You will be liable for all costing, expenses (including legal fees) and losses arising from third party claims. As per our terms in section 30, you agree to cover us, our directors, officers, employees and agents from all losses. In simple terms, this means that you protect us from costs and claims that happen because of your actions on our marketplace.
31. Availability: Team Ultimate will make our website available to you 24 hours a day, 7 days per week, 365 days per year. However, there may be times when our website is not available or you are unable to access the required information without any prior notice or at our discretion for ongoing maintenance work. At this point, we cannot be deemed liable for any potential losses you may suffer as a result of these actions.
32. Third party agreements: If you are agreeing to these terms and conditions on behalf of someone else or a corporate organisation, you are doing so under the full understanding that you have the full legal authority to do so.
33. Disclaimer: In some geo-locations, consumer laws apply that exceed the conforming of these terms and conditions. We agree to abide by these laws if you can provide evidence of a law that applies to your specific case.
34. Relationship between authors and Team Ultimate: We are a marketplace and authors use our marketplace to enlist items to sell. We have no legal right over what an author sells and can only advise in matters of dispute between you and an author. We will attempt to find a compromise where required.
35. Notices: From time to time, we will make notices of changes to the marketplace. We envisage this information will be shared through our marketplace, social media channels and email to the email address you provide to us. Any notices you wish to share on our marketplace must be sent to firstname.lastname@example.org outlining the reason for sharing the notice.
36. Terms and Condition Changes: Terms and conditions maybe changed from time to time. We will share and communicate any updates through our website, social media channels and email within a reasonable time-frame.
37. Applicable Laws: UltimateThemes.co.uk is based in Coventry, England. We abide by UK and European Union Laws and regulations.
38. Disclaimer: UltimateThemes.co.uk confirms that it does not sell items, goods and services that are deemed prohibited by its 3rd party payment partner, PayPal UK.
Customer Complaints Handling
Ultimatethemes.co.uk adheres to rule and regulations in line with the Online Dispute Resolution. If you have a query or complaint, we are here to help. Should you have a complaint, please contact Sunil Chauhan on email@example.com. For more information regarding the Online Dispute Resolution, please visit http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm
A Member who makes items available for sale on UltimateThemes.co.uk marketplace.
A Member who ‘buys’ or “purchases” an item on UltimateThemes.co.uk.
Refers to all the content Team Ultimate have put on the marketplace. This includes news articles, design, collections and the look and feel of the marketplace. This also includes any UltimateThemes.co.uk brand copyright, trademarks, designs and other intellectual property on the marketplace (unless otherwise stated).
Refers to the digital products found on the marketplace like themes and Photoshop designs.
Refers to a person who signs up by creating an account and accepting these terms and conditions as an author or buyer.
Refers to your personal information retained on our database including the record of payments made to you or UltimateThemes.co.uk as a buyer, author or both.
Refers to type of payment you have made from the selection of payments we have made available.
Refers to everything that you post on the marketplace or send to Team Ultimate to upload on your behalf as an author.
Version 1.1 – Effective date: 13/02/2016