Terms of Use

Terms and Conditions

Contract

These Terms of Use are a contract between you and us and govern your Simmer Service use. Agreeing to these Terms of Use is a condition of any Simmer Service use, including but not limited to any subscription-based premium support, Simmer for Recipes add-ons, content, benefits & discounts, blogs,  social channels or websites. You signify your agreement to these Terms of Use, and will be legally bound by them from the date on which you –

  • click to accept or agree to these Terms of Use wherever Simmer presents an option to do so, either on the Website or otherwise; or
  • use the Services in any way, in which case you understand and agree that your Simmer Service use will signify your acceptance of these Terms of Use from the moment you first begin to use the Simmer Service.

Amendments

You agree that we may, at our sole discretion, amend these Terms of Use at any time, in any way and from time to time, without prior notice.

You further agree that it is your responsibility to review these Terms of Use at regular intervals. Your continual use of any Simmer Service will be subject to you agreeing to the amended Terms of Use at all times.

Interpreting these Terms of Use

These Terms of Use contain a number of words and phrases which have specific meanings, some of them technical. The Glossary, below, defines many of these words and phrases. We also apply certain rules when interpreting these Terms of Use found in the Interpretation Guide, which set out these rules, below.

Duration

These Terms of Use shall continue to bind you for so long as you make use of any Simmer service.

Effects of Termination

In the event these Terms of Use are terminated for any reason whatsoever, the following clauses and sections shall survive termination and continue to bind you:

  • Fees;
  • Liability;
  • Breach;
  • Jurisdiction; and
  • Notices.

The Simmer Service

Our Website details the Simmer Service which, broadly, comprises the following components –

  • Simmer Pro licenses
  • Simmer HQ websites and hosting
    • Custom WordPress Development (through flat project consultation fee)
  • Other customer benefits and services

We grant you a limited and non-exclusive right to use the Simmer Service (subject to any other applicable licenses such as the GPL) solely for the purposes which the Simmer Service is intended for and as permitted by the licenses applicable to the Simmer Service components. This right is not transferable to any other person unless agreed upon by Simmer via email.

Products

Any software products are licensed under the GPL.

When you purchase paid Products, you receive access to support for the duration of the subscription and number of domains included. You may renew the Simmer Service for your paid Products on the anniversary of your paid Products’ purchase date to continue access to Simmer’s SLA (service-level agreement).

Some of our Products have contributions from by 3rd Party service providers. These 3rd Party service providers may change from time to time and the Products they contribute may not always be available through the Simmer Service.

Content

No aspect of Simmer’s free content or products offered only to customers may be copied or redistributed.

Fees

Where fees are payable for any component of the Simmer Service, these fees are payable in advance and we may, at our sole discretion, suspend any aspect of the Simmer Service which you have not paid for and for which fees are required.

 

 

Subscription price

The annual price you will pay after your first year of purchase is reflected in any user’s shopping cart prior to purchase. Subscription payments after the first year will always remain the same price until the subscription is canceled. Prior annual rates cannot be applied to new purchases.

Subscription cancellation

Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Simmer Service you may be using if you fail to pay any amount when it falls due or if you breach these Terms of Use. In the event we incur expenses to recover amounts you owe us, you further agree that we may recover our legal costs for attorneys, collection charges, tracing fees, and any applicable taxes.

Refunds: Simmer Pro Recipes plugin

We firmly believe in and stand behind our product 100%, but we understand that it cannot work perfectly for everyone all of the time. If you are unhappy with your purchase, or you have an issue that we are unable to resolve that makes the system unusable, we will be happy to consider offering a refund. Refunds will be offered at our sole discretion and must meet all of the following conditions fully:

  • You are within the first 15 days of the original purchase of the plugin.
  • Your issue(s) comes from not being able to install the plugin properly or get the plugin to perform its basic functions.
  • You have attempted to resolve your issue(s) with our support team.
  • No refunds will be granted after the first 15 days of the original purchase whatsoever.
  • Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.

By purchasing plugin(s) from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment or legal actions.

Registration

Registration is required to sign up for any subscription Simmer. After registering, you will be able to log into your account using your chosen username and password. You may not impersonate another person and you are required to associate your real identity with your account.

Simmer collects personal information through the Website’s checkout form to successfully deliver our product(s). We process personal information with the utmost confidentiality and SSL encryption and encourage potential customers to carefully review Simmer’s Data Protection Policy. Customers guarantee that the personal information submitted is accurate, current and complete. Customers also confirm with purchase that they have read and understand Simmer’s Data Protection Policy.

Customers agree that we may deny your use of any Simmer product and disable or delete your account and registration should they breach these terms of use or subsequently be found to breach these terms of use.

Passwords and Account Security

You agree that the security of your Simmer Service user account is solely your responsibility. You further agree that –

  • you are responsible for maintaining and promptly updating personal information and any other information you submit to us, keeping it accurate, current and complete;
  • if you believe your Simmer Service or simmerwp.com’s user account’s security or integrity has been compromised in any way, you agree to notify us immediately and that you will be liable for any Losses you suffer should you fail to notify us timeously;
  • we reserve the right to suspend your Simmer Service or simmerwp.com user account pending an investigation and resolution if any security violations are believed to have occurred in association with your account.

Your Privacy

For information about our data protection practices, please read the Data Protection Policy. This policy explains how and under what conditions we will process your personal information, and protect your privacy, when you use the Simmer Service.

You agree that we may process your personal information in accordance with the Data Protection Policy.

Warranties

Except as explicitly set out in these Terms of Use, we do not make any representation or give any warranties whatsoever in respect of the Simmer Service.

If you are not, factually or legally, authorised to bind another person as our Customer to these Terms of Use, you agree that you will be personally liable to Simmer for any amounts due to us in terms of these Terms of Use or otherwise as a consequence of using the Simmer Service in the event the legal entity concerned refuses or fails to pay any amounts which are due to us and as if you contracted with us for your personal Simmer Service use.

Liability

Disclaimers and Limitation of Liability

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied with respect to the Simmer Service, and insist that you understand your use of the Simmer Service is at your own risk.

You agree that neither we or our Associates shall be liable for any Losses which you may sustain however arising and whatever the cause, in particular pursuant to your or any 3rd Party’s use of, access to and/or interference with the Simmer Service.

You also agree that our liability to you pursuant to these Terms of Use shall furthermore be limited to the total amount of the fees you paid for your Simmer Service use.

Indemnity

You and any 3rd Parties using the Simmer Service or Website indemnify us and our Associates from any Losses, which may arise as a result of your or the 3rd Party’s unlawful conduct, wilful misconduct and/or gross negligence.

Maintenance and Repair

You acknowledge that from time to time the Simmer Service may be suspended, either in part or as a whole, for maintenance, repair and improvements. We agree, wherever reasonably possible, to give twenty-four (24) hours notice of suspension of the Simmer Service affected by the proposed suspension.

Rights Infringements

If any person is of the view that his, her or its rights have been infringed through unlawful Simmer Service use by any person, that person may address a complaint to Simmer which satisfies the following requirements and/or sets out the following information:

  • the full names and address (including mailing if different) of the complainant;
  • the written or electronic signature of the complainant;
  • identification of the right that has allegedly been infringed;
  • identification of the material or activity that is claimed to be the subject of unlawful activity;
  • the remedial action required to be taken by Simmer in respect of the complaint;
  • telephonic and electronic contact details, if any, of the complainant;
  • a statement that the complainant is acting in good faith;
  • a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Notifications must be addressed to:

Simmer Abuse

Email: support@simmerwp.com

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action, where necessary. Such action may include, but is not limited to, removing offending Content and/or taking appropriate steps against offending users or Customers, where appropriate. We may not be able to, or it may not be appropriate for us to, respond to or act to every complaint.

Breach

Subject to any other provision of these Terms of Use providing for the remedy of any breach of any provision of these Terms of Use, should either Party (“the Offending Party”) commit a breach of any provision of these Terms of Use and fail to remedy such breach within 10 days of receiving written notice from the other Party (“the Aggrieved Party”) requiring the Offending Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law to –

  • cancel these Terms of Use, provided the breach in question is a material breach going to the root of these Terms of Use; or
  • claim specific performance of all of the Offending Party’s obligations whether or not due for performance,
  • in either event without prejudice to the Aggrieved Party’s right to claim damages.

Either Party shall be entitled to summarily terminate these Terms of Use in the event of the other Party being placed in liquidation or under judicial management, whether provisionally or finally, or in the event of the other Party entering into a compromise with its creditors generally. All amounts due by the other Party in terms of these Terms of Use shall, in the circumstances contemplated in this clause, immediately become due and payable to the prejudiced Party.

Jurisdiction

These Terms of Use shall be governed in all respects by and shall be interpreted in accordance with Massachusetts State Law and you consent and submit to the jurisdiction of Boston, MA.

Interruption Event

You acknowledge that, from time to time, the Simmer Service may be suspended due to causes beyond our control which we refer to as Interruption Events.

You agree that we will be relieved of our obligations in terms of these Terms of Use during the period that the Interruption Event and its consequences continue, only to the extent we are reasonably prevented from fulfilling our obligations, and we shall not be liable for any Losses which you may suffer as a result.

We will make reasonable efforts to notify you of an Interruption Event in writing as soon as we become reasonably aware of the Interruption Event.

In the event that an Interruption Event exceeds 2 calendar months and in the event that neither we or our nominee are able to provide alternative services and/or facilities, either you or we may terminate these Terms of Use and shall only remain liable for performance under these Terms of Use which fell due immediately prior to the Interruption Event.

Assignment

By users or you

Users or, where appropriate, you shall not be entitled to cede, delegate, assign or otherwise transfer all or any of its rights, interests or obligations under and/or in terms of these Terms of Use except with our prior written or emailed consent. We will not unreasonably withhold our consent.

By Simmer

We are entitled to cede, delegate, assign or otherwise transfer all or any of our rights, interests or obligations under and/or in terms of these Terms of Use subject to us giving you reasonable written notice to that effect.

Severability

If any court which has jurisdiction finds any clause or term of these Terms of Use to be unenforceable, then the Parties agree that the remaining terms and provisions of these Terms of Use shall be deemed to be severable from the unenforceable provisions and shall continue in full force and effect unless such unenforceability goes to the root of these Terms of Use, in which case these Terms of Use shall terminate.

Notices

Any Party shall be entitled to change its address from time to time, provided that any new address selected by it shall be an address other than a post box number, and any such change shall only be effective upon receipt of notice in writing by the other Parties of such change.

All notices, demands, communications or payments intended for any Party shall be made or given at such Party’s address for the time being.

A notice sent by one Party to another Party shall be deemed to be received:

  • on the same day, if delivered by hand;
  • on the same day, if transmitted electronically with receipt received confirming completion of transmission;
  • on the same day of transmission if sent by telefax with receipt received confirming completion of transmission, provided that the original of the notice shall, after such transmission, be sent by prepaid courier services to the Party to whom such notice shall have been given;
  • on the third day after dispatch, if sent by prepaid courier.

Notwithstanding anything to the contrary contained in this Notices clause a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.

The Customer

You choose your physical address; postal address; facsimile number and email address which you supply to us when registering to use the Simmer Service as its address for all purposes arising from or pursuant to these Terms of Use.

Simmer

Simmer chooses the addresses and other contact details specified in our Contact Disclosures section, below, for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.

Contact Disclosures

Our full name and legal status: Blog What? Design Inc. d/b/a Simmer

Street address: Simmer, 745 Atlantic Ave, Boston, MA, 02111

Postal address: Simmer, 745 Atlantic Ave, Boston, MA, 02111

Main business: The sale of digital products and services

Website address: https://simmerwp.com

Official email address: support@simmerwp.com

General

These Terms of Use, as read with the documents referenced in these Terms of Use, constitute the sole record of the agreement between the Parties in regard to its subject matter.

No Party shall be bound by any express or implied term, representation, warranty, promise or the like, not recorded in these Terms of Use.

No addition to, variation or consensual cancellation of these Terms of Use, including this clause, shall be of any force or effect unless in writing and signed by or on behalf of all the Parties.

No data message, including an email, SMS and recorded voice message, which you send to us shall amend these Terms of Use or the rights and duties of the Parties in any manner unless the Parties expressly state, and specify the extent to which, the data message amends these Terms of Use or the Parties’ rights and duties in any material respect.

No indulgence which any of the Parties (“the Grantor”) may grant to any other (“the Grantee(s)”) shall constitute a waiver of any of the Grantor’s rights, who shall not be precluded from exercising any rights against the Grantee(s) which might have arisen in the past or which might arise in the future.

The Parties undertake at all times to take all reasonable steps to implement and comply with these Terms of Use.

Interpretation Guide

In these Terms of Use, headings are for convenience and are not intended to be used to interpret the Terms of Use.

If the Terms of Use refers to a Party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms of Use will also be applicable to and binding on that Party’s liquidator or trustee, as the case may be.

Unless these Terms of Use indicates to the contrary, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these Terms of Use, shall not apply.

Where in these Terms of Use provision is made for the Parties (or either of them) to agree on or grant approval in respect of any matter, such Terms of Use or approval shall only be valid and binding on the Parties thereto if reduced to writing and signed by the duly authorised representative of such Parties.

The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.

Where these Terms of Use specifies any number of days, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or national holiday in the United States, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or national holiday in the United States. Generally speaking, references to a “day” are references to typical business days.

Any reference to “business hours” shall be construed as being the hours between 9:00am EST and 5:00pm EST on any day. Any reference to time shall be based upon Eastern Standard Time (EST).

All annexures, addenda and amendments to these Terms of Use form an integral part of these Terms of Use and, therefore, our contract with you.

The words and phrases in the Glossary and, where appropriate, elsewhere in these Terms of Use bear the meanings assigned to them and related expressions bear corresponding meanings.

Glossary

“3rd Party” means a person other than Simmer and a Customer;

“Associates” means a Party’s officers, servants, agents or contractors (freelancers, creatives) or other persons in respect of whose actions that Party may be held to be vicariously liable;

“Content” means any material capable of and in which copyright protection subsists (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a Customer may have access to as part of, or through the Customer’s Service use;

“Content License” mean

“Customer” means the person contracting with us to use the Simmer Service subject to these Terms of Use and is either –

  • you, personally, if you are contracting with us in your personal capacity; or
  • a legal entity such as a company or close corporation you represent, i
  • ch case you –
    • represent to us that you are authorised by that legal entity to enter into this contract on that legal entity’s behalf; and
    • agree that when we refer to “you” in these Terms of Use, we are referring to the legal entity you represent with you as its authorised representative;

“GPL” means the GNU General Public License, version 2 (or later) from the Free Software Foundation;

“Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trademark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property;

“Intellectual Property Rights” means legal or moral rights in Intellectual Property;

“Interruption Event” means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the Party concerned;

“Interrupted Party” means a Party prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Terms of Use by reason of an Interruption Event;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

“Parties” means Simmer and the Customer;

“Products” means the Simmer plugins, themes and extensions which are made available through the Website and which are described in the Website;

“Terms of Use” means these terms and conditions, as amended from time to time;

“use” bears its ordinary meaning and when used in the context of –

  • the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;
  • Products or Content, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Products;

“user” means a person who is not a Customer and who uses the Simmer Service or the Website;

“Website” means the Simmer website located at simmerwp.com or such other websites as may be associated with and controlled by Simmer from time to time;

“Simmer”, “us”, “we” and “our” means or are references to BWD inc. d/b/a Blog What? Design Inc., a corporation of New York State.

“Simmer Service” means any Subscription, Product, Content, or Support Service, either collectively or in any combination.