Terms & Conditions

1.0 Introduction

These terms and conditions set out the terms and conditions between you, the customer, and David Towoju (trading under the registered name and style of Figarts Consults and hereinafter referred to, in this document and in our Privacy Policy, as “Pluginette”, “us”, “we”, or “our”), governing the use of our website and our downloadable plugins therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.

2.0 License and Use

All our products, unless otherwise stated, are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.

Your purchase of any of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and as defined by the terms set in the customer’s chosen license package.

3.0 Support and Updates

Support for plugins sold and distributed by Figarts is only available for those who have an active, paid license.

Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased. For purchases that include an automatically renewing subscription, support will be provided for as long as the subscription remains active. 

Automatic updates for our plugins are available to license holders who have an active and valid subscription and license key.

4.0 Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

5.0 Refunds and Chargebacks

Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refund shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

6.0 Warrantiesand Liability

We make every effort to ensure that our products are accurate, authoritaive and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7.0 General

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Nigerian law and both us and you irrevocably submit to the exclusive jurisdiction of the Nigerian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.