Terms & Conditions

Last Updated: February 16, 2025

Legal entity

SECUREPAY SYSTEMS LTD

Company number

15169049

Registered office

167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF

Contact email

info@hexexist.com

1. About these Terms

These Terms & Conditions (the “Terms”) govern access to and use of the Hexexist website and any purchase of products made through the website.

The website is operated by SECUREPAY SYSTEMS LTD (“Company”, “Hexexist”, “we”, “us”, “our”). By accessing the website, creating an account, placing an order, downloading any product, or otherwise using the website, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the website or purchase products from it.

2. Eligibility and Business Model

The website is intended for customers who are at least 18 years old and legally capable of entering into binding contracts.

Hexexist offers digital products only. The catalogue may include WordPress themes, WordPress plugins, templates, scripts, code packages, UI kits, design assets, and similar downloadable digital materials.

Unless expressly stated otherwise for a specific product, products are sold on a one-time purchase basis and are not sold on a subscription basis.

No physical goods are shipped.

3. Definitions

“Account” means a customer account registered on the website.

“Content” means website text, images, product descriptions, graphics, documentation, code snippets, branding, and other materials made available on or through the website.

“Product” means any digital product offered for sale through the website.

“Order” means a completed purchase request submitted through the website.

“User” means any visitor, customer, account holder, or other person using the website.

4. Changes to these Terms

We may amend these Terms from time to time to reflect legal, operational, commercial, technical, or product changes.

The latest version published on the website will apply from the time of publication, except where a different effective date is stated.

Material updates may also be communicated through the website, customer account area, or by email where appropriate.

5. Account Registration and Security

Certain features, including ordering, downloads, and access to order history, may require an Account.

You must ensure that all information submitted to us is accurate, current, complete, and not misleading.

You are responsible for maintaining the confidentiality of your Account credentials and for all activity carried out under your Account.

You must notify us promptly at info@hexexist.com if you suspect unauthorised access to your Account.

We may suspend, restrict, or terminate Accounts where we reasonably believe there has been fraud, abuse, misuse, unauthorised access, infringement, payment risk, or breach of these Terms.

6. Product Information and Catalogue Positioning

We aim to ensure that product pages, specifications, features, screenshots, compatibility statements, descriptions, changelogs, and other catalogue information are clear and commercially reasonable. However, minor errors, omissions, formatting inconsistencies, outdated statements, or compatibility deviations may occur.

You are responsible for reviewing the product description, compatibility information, system requirements, included files, support scope, update scope, and licence information before purchase.

Product screenshots, demos, preview environments, and descriptive text are illustrative and may not reflect every configuration, third-party dependency, hosting environment, or software version.

We do not guarantee compatibility with every theme, plugin, server configuration, CMS version, browser, or third-party software environment unless expressly and specifically stated.

7. Orders and Contract Formation

All Orders are subject to our review and acceptance.

Your Order constitutes an offer to purchase the selected Product(s) under these Terms. A contract is formed only when payment has been successfully processed and we make the relevant Product available for download or otherwise confirm fulfilment.

We may reject, cancel, or place on hold any Order where we reasonably suspect fraud, unauthorised payment activity, technical error, duplication, abuse of the website, sanctions or legal risk, pricing malfunction, catalogue error, or breach of these Terms.

If an Order cannot be accepted after payment due to a genuine error or risk event, we may cancel the Order and issue an appropriate refund in accordance with our Refund Policy.

8. Prices, Currencies, Taxes, and Payment

Product prices are displayed on the website in one or more supported currencies. For deployment purposes, Hexexist may display and accept transactions in USD, EUR, AUD, GBP, or any subset thereof made available on the website from time to time.

Displayed prices may be changed at any time before an Order is placed.

Unless expressly stated otherwise, prices may exclude taxes, VAT, GST, sales tax, or similar indirect taxes that may be applied at checkout depending on the relevant jurisdiction, billing data, or legal requirements.

You are responsible for any bank charges, card issuer charges, foreign exchange costs, intermediary fees, or other external transaction costs imposed by your payment provider.

We reserve the right to correct genuine pricing, currency conversion, or checkout errors. Where a genuine and obvious error has occurred, we may cancel the affected Order and issue an appropriate refund.

9. Digital Delivery and Fulfilment

Products are delivered digitally only.

Subject to successful payment and any fraud/risk checks, Products are generally made available through the customer Account, download page, email notification, direct download link, or another electronic delivery method made available on the website.

Delivery timing may vary due to payment verification, anti-fraud review, technical maintenance, service disruption, or product-specific processing conditions.

Customers must ensure they provide a valid email address and maintain access to their Account.

Digital delivery mechanics, access windows, and related rules may be further described in the Digital Product Fulfilment Policy published on the website.

10. Licence and Permitted Use

Unless expressly stated otherwise, the purchase of a Product grants you a limited, non-exclusive, non-transferable right to download, access, and use the Product in accordance with the applicable product licence, these Terms, and any product-specific usage rules shown on the website.

A purchase does not transfer exclusive intellectual property ownership in the Product, its codebase, design, branding, documentation, or underlying rights.

Some Products may contain, rely on, incorporate, or be distributed under open-source, GPL, or other third-party licence frameworks. In such cases, your use of the relevant Product remains subject to those applicable licence terms in addition to these Terms.

You must not misrepresent origin, authorship, rights ownership, or official vendor affiliation in relation to any Product.

You must not use any Product in a manner that is unlawful, infringing, deceptive, malicious, abusive, or inconsistent with the relevant licence scope.

11. Prohibited Conduct

You must not: (a) use the website unlawfully or fraudulently; (b) attempt to obtain unauthorised access to the website, customer accounts, checkout systems, or servers; (c) interfere with website integrity, availability, or security; (d) upload malware, malicious code, or harmful scripts; (e) scrape or harvest data in a prohibited manner; (f) abuse refunds, payment disputes, download mechanisms, coupons, or promotions; (g) infringe intellectual property rights; or (h) use false identity, stolen payment instruments, or inaccurate billing information.

We may investigate suspected misconduct and may suspend access, cancel Orders, disable downloads, refuse support, preserve records, or take further action where reasonably required.

12. Updates, Support, and Product Maintenance

Where the website or the relevant product page states that updates are included for a stated period, such updates are limited to the scope and duration expressly stated at the time of purchase.

Unless expressly stated otherwise for a specific Product, purchase of a Product does not guarantee custom development, implementation services, configuration services, ongoing maintenance, or original author / third-party premium support.

Any support that we choose to provide is provided on a commercially reasonable basis and may be limited by product type, complexity, documentation quality, customer environment, compatibility constraints, abuse prevention, or the customer’s compliance with these Terms.

We may modify, discontinue, replace, or remove Products or download access features where reasonably necessary for legal, licensing, security, technical, supplier, or operational reasons.

13. Refunds and Chargebacks

Refund eligibility, exclusions, evidence requirements, and processing rules are governed by the Refund Policy published on the website, as amended from time to time.

Because the website supplies digital content, refunds may be limited or refused where the Product has been downloaded, accessed, used, duplicated, or where the claim is inconsistent with the Refund Policy, applicable law, or abuse-prevention controls.

You agree to contact us first at info@hexexist.com to seek resolution before initiating a payment dispute or chargeback, unless applicable law requires otherwise.

Abusive or bad-faith refund or chargeback behaviour may result in Order cancellation, access restriction, Account suspension, and refusal of future sales to the extent permitted by law.

14. Intellectual Property and Website Rights

The website, branding, layout, text, graphics, logos, compilations, site design, and non-product Content are owned by or licensed to us and are protected by applicable intellectual property laws.

Except as expressly permitted, you must not copy, reproduce, republish, mirror, frame, modify, sell, exploit, reverse engineer, or commercially use website Content without appropriate authorisation.

Third-party trademarks, names, software marks, platform names, plugin names, and product names remain the property of their respective owners and are used for identification or compatibility reference only where relevant.

15. Third-Party Services and Dependencies

The website and Products may interact with, reference, or depend upon third-party software, frameworks, payment providers, hosting providers, APIs, plug-ins, app stores, CMS ecosystems, or cloud services.

We are not responsible for third-party acts, omissions, outages, policy changes, compatibility changes, licensing changes, security incidents, deprecations, or service unavailability outside our reasonable control.

Use of third-party services may be subject to separate third-party terms and policies.

16. Website Availability and Acceptable Technical Limitations

We do not guarantee uninterrupted, error-free, or secure availability of the website, customer dashboard, checkout flows, or download systems at all times.

We may suspend, restrict, or interrupt access for maintenance, updates, security events, infrastructure failure, supplier dependency issues, abuse prevention, or other operational reasons.

We may implement reasonable technical controls including rate limits, anti-bot protection, identity checks, IP restrictions, download limits, session controls, and fraud-screening tools.

17. Disclaimer of Warranties

To the fullest extent permitted by law, the website and Products are provided on an “as is” and “as available” basis.

We do not guarantee that the website or any Product will be uninterrupted, error-free, bug-free, fully secure, completely compatible with all environments, or suitable for every customer’s commercial, technical, or regulatory purpose.

We do not warrant that Products will meet every subjective expectation, business objective, interoperability requirement, or performance target unless expressly and specifically agreed in writing.

18. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or any other liability which applicable law does not permit to be excluded.

Subject to the preceding sentence, to the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary loss, or for any loss of profit, loss of revenue, loss of business opportunity, loss of data, loss of savings, business interruption, reputational loss, or wasted management time arising out of or in connection with the website, any Product, any Order, or these Terms.

Subject to applicable law, our aggregate liability arising out of or in connection with any Order or Product shall not exceed the amount actually paid by you for the relevant Product giving rise to the claim.

You acknowledge that software, code assets, design assets, and downloadable digital content inherently depend on multiple technical variables outside our control.

19. Indemnity

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, contractors, licensors, and service providers from and against losses, liabilities, claims, costs, and expenses arising from your breach of these Terms, unlawful conduct, infringement, misuse of Products, or use of the website in violation of applicable law or third-party rights.

20. Suspension and Termination

We may suspend or terminate your access to the website, your Account, or specific Product access where reasonably necessary due to breach, payment risk, fraud suspicion, abuse, legal risk, security incidents, sanctions concerns, or persistent misconduct.

Termination or suspension does not affect rights accrued before the relevant action, including payment rights, investigation rights, or rights under intellectual property, liability, or dispute provisions that by nature should survive.

21. Privacy and Cookies

Our processing of personal data is governed by the Privacy Policy and Cookie Policy published on the website.

By using the website, you acknowledge that certain personal data, device data, usage data, transaction data, and technical identifiers may be processed in accordance with those policies.

22. Complaints and Customer Contact

Customer queries, technical issues, and complaints should be directed to info@hexexist.com.

When contacting us, customers should include sufficient detail to identify the relevant Order, Product, and issue so that the matter can be reviewed efficiently.

We may request reasonable supporting information before deciding a complaint, technical issue, or refund request.

23. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of England and Wales, unless mandatory consumer law in your country of habitual residence applies and cannot lawfully be excluded.

Subject to applicable consumer protection law, the courts of England and Wales shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.

24. Miscellaneous

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure or delay in exercising any right shall not constitute a waiver of that or any other right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations where permitted by law and where this does not reduce any mandatory consumer protection rights you may have.

These Terms, together with any applicable product-specific terms, the Refund Policy, the Privacy Policy, the Cookie Policy, and the Digital Product Fulfilment Policy, constitute the entire agreement between you and us in relation to the relevant subject matter.

25. Contact Details

SECUREPAY SYSTEMS LTD

Company number: 15169049

Registered office: 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF

Email: info@hexexist.com