Terms of Service

These Terms of Service (these “Terms”) (together with the documents referred to on it) tell you the terms and conditions on which we sell you the templates shown on our website (“Products”).

Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.

ABOUT US

1. We are Templays of Saudi Arabia (“Templays”, “we”, “us”, or “our”).
2. We operate www.templays.com (our “website”),
3. To contact us, please use our Contact Form.
4. These Terms were last updated on Monday, 09th of December, 2024, and are the current and valid version.
5. The following additional terms apply to your use of our website and services and form part of these Terms: 

1. our Terms of and Conditions;
2. our Privacy Policy; and
3. our Cookie Policy.

ELIGIBILITY

By placing an order through our website, you warrant that:

1. you are legally capable of entering into binding contracts; and
2. you are at least 18 years old.

DIGITAL ASSETS LICENSE

Subject to you fulfilling your payment obligations or free of charge access under these Terms, we grant you the applicable license and subject to the limitations set forth herein:

a. SINGLE PRODUCT: Commercial Use License 

Subject to your continued compliance with these Terms, we grant you a license to use, copy, and display your Product, only once for personal and commercial use. This means, you can sell only once a unique website design that's based on your Product to a client

b. STARTER: Personal Use License 

Subject to your continued compliance with these Terms, we grant you a license to use, copy, and display your Product, solely for your own personal, non-commercial use.

c. PRO: Commercial Use License 

Subject to your continued compliance with these Terms, we grant you a license to use, copy, and display your Product, as often as you like for personal and commercial use. This means, you can sell as many unique website design that's based on your Product to a client as you like. You may modify, white-label, and redistribute the template as part of your own products or services.

1. This is the grant of a license, not a transfer of title, and under this license you may not attempt to decompile or reverse engineer any software contained in our Products.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon termination of this license, you must destroy any downloaded Product in your possession, whether in electronic or printed format.
3. You are authorized to use the Materials and Products solely for the limited purposes as specified in this Clause 3 and you acknowledge and accept that we will pursue legal action in case of your infringement of the granted license, permissions and restriction.

OWNERSHIP

1. You agree that, subject to the rights and licenses granted in Clause 3, we are, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Materials and Products and any copies of the Materials and Products. 
2. Except as expressly provided in these Terms we reserve all rights and licenses not expressly granted in these Terms.
3. You acknowledge that all intellectual property rights in the Materials and Products anywhere in the world belong to us, that rights in the Materials and Products are licensed (not sold) to you, and that you have no rights in, or to, the Materials and Products other than the right to use them in accordance with Clause 3 of these Terms.

ACKNOWLEDGEMENT

Our Products are provided "as is". We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

HOW THE CONTRACT IS FORMED 

1. Your order constitutes an offer to us to license a Product. 
2. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted. 
3. All orders are subject to acceptance by us. 
4. The contract between us (“Contract”) will only be formed when we deliver the Product to the email address provided by you during the payment process. It is your sole responsibility to ensure that the email address you provide is accurate and functional. Templays will not be held accountable for any issues arising from incorrect email addresses.

WHEN ORDERS ARE NOT ACCEPTED

1. While we do our best to always accept Orders, we can refuse an Order if: 
1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; 
2. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description or the Products are no longer available.
2. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.
3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

PRODUCTS DESCRIPTIONS 

1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.
2. We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.
3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

PRICE AND PAYMENT

1. The price of the Products will be as quoted on our website, except in cases of obvious error.
2. Product prices are liable to change at any time, but changes will not affect already dispatched Orders.
3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. 

CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

CANCELLATION

1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted such as if there is an event beyond our control, or we are unable to supply the Products.
2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.
3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

REFUNDS AND RETURNS

We provide digital Products as such content is immediately viewable and usable. Therefore, the following apply:

1. All Sales Are Final. We do not offer refunds under any circumstances.
2. No Returns or Exchanges. As we provide a digital service, returns and exchanges do not apply. We do not offer any kind of returns or exchanges.

TECHNICAL ERROR OR DEFECTIVE PRODUCTS

1. In the unlikely event that you are experiencing or have experienced a technical error please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.
2. We will respond to all complaints within 5 working days.

SERVICE LEVELS AND SUPPORT 

1. We agree to render all commercially reasonable efforts to provide technical support to assist you in using the Products. The total amount of technical support provided by us shall be governed under the fair use principle. 
2. We have no obligation to provide any support: 
1. for anything other than our Products; 
2. if you or a third party has altered or modified any portion of the Products; 
3. if you have not used the Products in accordance with the documentation or instructions provided by us; 
4. to anyone other than you.
3. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.

RISK AND TITLE

1. The Products will be at your risk from the time of delivery.
2. The license to the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

1. We reserve the right to change, limit or terminate any special offers, discounts, and promotions at any time without notice.
2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into this Agreement.
3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.

OUR RIGHT TO VARY THESE TERMS 

We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page. 

WARRANTY

1. We warrant to you that any Product licensed from us through our website will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. We will at our option replace or refund the price of Products which you notify us are defective.
2. This warranty shall not apply to defects caused by misuse, neglect, accident, improper use, installation or handling or alteration not carried out or authorized by us.

OUR LIABILITY

1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. 
2. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Product, our website or any other website or software) for:
4. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

ALTERNATIVE DISPUTE RESOLUTION

1. The Parties shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations. If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed-upon Online Alternative Dispute Resolution (“ADR”) procedure. 
2. If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
5. Each Party acknowledges that, in entering into these Terms, it does not rely on any representation, warranty, or other provision except as expressly provided in these Terms, and all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
8. These Terms shall be governed by and construed in accordance with the laws of Saudi Arabia, without regard to its choice of law provisions.