Want to contact us about this TOU?
Legal issues should be addressed to firstname.lastname@example.org.
All other issues should be addressed to email@example.com.
Overview and Important Definitions
- Keenthemes helps people around the world save thousands to millions of dollars by using a single tool for different types of unique and amazing admin dashboard solutions for all your projects. When you create an account and accept these terms you become a member of our community. You will have a Keenthemes account that will allow you to buy items like the ones found on the Keenthemes site and make other related transactions.
- The Keenthemes allow members to buy licenses to use digital items like website themes, media project files, software code, vectors, images and much more. If you have a Keenthemes account, any transactions are logged on your member's statement, which records the payments made by you to Keenthemes.
- During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don't accept the terms then we'll be sad, but you will need to leave because your presence on and use of the Keenthemes sites is conditional on your acceptance to be bound by these terms.
- "Metronic" admin theme - This product was developed by the Keenthemes team, but the sales are handled by our partner the Envato service, which you can buy here themeforest.net. Therefore, this product can only be purchased on the website of our partner.
- "Keen" admin theme - This product was developed by the Keenthemes team, but the sales are handled by our partner the getbootstrap, which you can access here: getbootstrap.com. Therefore, this product can only be purchased on the website of our partner.
- Preview Files: If you stream or download a preview file from our Keenthemes site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Keenthemes sites and not for any other purpose.
Browsing and Membership
- You need to be 16 years or over to browse the Keenthemes site. We don't knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Keenthemes site whether or not you're a member.
- Age: You need to be 18 years or over to become a member or to buy items. If you're under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Keenthemes Account: Membership is free. When you become a member you get an Keenthemes account that is accessible from our Keenthemes site.Your membership will allow you to 'buy' (license) items, participate in our online forums, and download all free products.
- Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Keenthemes account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Keenthemes sites including any activity that occurs in conjunction with your username and password, if you have an Keenthemes account, so keep your password secure and don't let any other person use your username or password. If you realise there's any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Keenthemes Terms carefully.
- Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Keenthemes complies with these terms and our policies. We can suspend or terminate your Keenthemes account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to any of your other Keenthemes accounts;
- breach any of our policies (or policies of any other Keenthemes Company);
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
- If we do decide to permanently terminate your Keenthemes account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Keenthemes accounts you use on other Keenthemes sites.
- Prohibited Conduct: We strongly recommend that you don't make your contact details public on the Keenthemes or in any public communications via the Keenthemes site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policyand you do so at your risk!
- Community participation: We take great pride in our global and thriving community--it's part of what makes the Keenthemes great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Keenthemes, please read the Community Guidelines, as you agree to follow them as part of these terms.
- As a part of our Affiliate Program, if you refer a new member to Keenthemes site you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
Purchases and Transactions
This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Keenthemes.
- What you're buying:
- Item support: All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an Keenthemes account. To learn more about item support, like what items are covered, the support period and support extension options, see the item support policy.
- Buyer Services: In addition to the use of the platform, when you 'buy' an item you also receive buyer services from Keenthemes like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
- The total price for an item on Keenthemes is made up of:
- Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items). All handling and buyer fees are included and all prices are final and without any additional costs for you.
- Taxes: Some transactions on Keenthemes may be subject to tax that may be added to the price. See section 23for details about taxes on Keenthemes.
- If you have a Keenthemes account, you can make payments by using the 'Buy Now' function.
- When using Buy Now you will be redirected to a payment method provider.
- Currency conversion costs: All prices are in US dollars and you are responsible for all costs of currency conversion relating to a transaction on Keenthemes. Your financial institution does the currency conversion and may charge you additional fees (we don't control either the conversion rates or your financial institution's fees).This means that you may incur additional costs when purchasing from Keenthemes, which we have no control over.
- Terms of buying: When you buy an Keenthemes item you're doing so on the following terms:
- you warrant to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we do not promise that any particular item will continue to be available on Keenthemes so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- Keenthemes retains ownership of the item;
- your relevant details may be provided to the Keenthemes of the item in order to facilitate the transaction, for example for invoicing and item support services;
- we have the right to enforce against you the terms of the license
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- Warranties on Keenthemes site
- We warrant that the Keenthemes site will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
- Warranties on Keenthemes Products and Services:
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given on the item preview page, as well as any item preview;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- if the item is marked as 'supported', we provide you with the services as outlined in the item support policy;
- we will process your data in accordance with applicable privacy law and data protection regulations.
- Taxes: European VAT and US Sales Tax. Prices in connection with these terms European VAT and US Sales Tax, unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which European VAT or US Sales Tax is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the VAT or US Sales Tax payable (by Keenthemes) on that supply. For more information on European VAT as they apply to buyers, see EU VAT Information for Buyersand US Sales Tax Information for Buyers.
- We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we'll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
- Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties in section 20has been breached, or a refund is required under the Keenthemes Refund Rules or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.
- We will assess refund requests (if you have a Keenthemes account) on their merits, considering the digital nature of Keenthemes items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
- If we decide to issue a refund (if you have a Keenthemes account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 17 - Currency conversion costs about currency conversion back to your local currency).
It is important that you understand how refunds work on Keenthemes.
- Disputes lodged with payment agents: If, as a buyer via your Keenthemes account, you lodge a dispute with a payment agent, this will result in a freezing of your Keenthemes account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Keenthemes account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
- Fine print: We're not a licensed financial service provider.
- What we own: We own all the Keenthemes content that we have put on Keenthemes (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Keenthemes site, and copyright, trademarks, designs and other intellectual property on Keenthemes. We own all the trademarks, logos, service marks and trade names on Keenthemes (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Keenthemes Content or use any of our intellectual property in any way not expressly stated in these terms.
- Confidential Information: We value your information and take reasonable precautions to protect it. While using the Keenthemes, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Keenthemes to any other person.
- Linking to the Keenthemes: We'd be delighted if you decide to link to Keenthemes from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Keenthemes. That includes no "in-line" linking methods resulting in images hosted on Keenthemes being displayed on other sites. You must not "frame" any Keenthemes pages by surrounding those pages with someone else's content, materials or branding. We reserve the right to insist that any link to the Keenthemes be discontinued, and to revoke your ability to link to the Keenthemes.
- Links from the Keenthemes: The Keenthemes sites may contain links to other non-Keenthemes sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
Liability and Indemnity
- We provide the Keenthemes site, platform services, and our products on the the Keenthemes site.
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Keenthemes.
- Our liability to you in connection with Keenthemes or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
- These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
- We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
- The liability of Keenthemes to their buyers is limited, for each item purchased, to the Keenthemes earnings from the payment for that item, except to the extent that the Keenthemes liability arises from wilful misrepresentations made about the item.
- This means that the Keenthemes liability to buyers is limited.
- Availability: We strive to have Keenthemes available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Keenthemes, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Keenthemes works. The Keenthemes will not be liable to you for any loss you suffer as a result of these things.
- Third Party: If you're agreeing to these terms on behalf of someone else (like your employer), then you're promising to us that you have full legal authority to bind that third party.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
- Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Keenthemes accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your Keenthemes account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or European Uniuon); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Keenthemes using funds sourced from a sanctioned country. We may also block members from a country if we can't make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer. We may take any of the actions stated in this section without notice and against all of your Keenthemes accounts you use on other Keenthemes sites. If required by law we may forfeit existing deposits or earnings.
As our sites are global, there are different laws that may apply and these may restrict our relationship with you. See this Help Center article for some details.
- US-specific controls. Keenthemes is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export Keenthemes items to a U.S. sanctioned country or to anyone on the SDN list.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member.
- Notices: Any notice you send us must be submitted via a firstname.lastname@example.org. Any notice we send to you will be emailed to your Keenthemes account email address.
- Changes to Keenthemes Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Keenthemes sites after the changes are made, then you will be agreeing to the changes.
- Interpretation: Words like 'include' and 'including' are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Applicable Laws: If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
- We control and operate Keenthemes from our offices in Malaysia. The laws of Malaysia these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.