These Member Terms (‘Terms’) apply to all Members to this website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for any membership or our Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. DEFINITIONS “Clients” means any customer or person accessing the Services “Services” means provision of an online software tool that facilitates the collection and extraction of data (scraping) from websites. “Member” means a Member to our Services including but not limited to the products and services on or offered through this website. “the website” means webget.io “We”, “our” and “us” means WebGet.io Pty Ltd and includes its directors, employees and contractors “You” means the Member to our services and by doing so, agree to these Terms. MEMBERSHIPS You must register and pay our Membership fee in order to sign up to our website to receive access our Services. The Membership fee must be paid fully in advance on a monthly basis. The instalments are automatically deducted from your nominated payment method unless you or we cancel the subscription in accordance with the below Cancellation terms. CANCELLATION AND TERMINATION TO CANCEL YOUR MEMBERSHIP: You are solely responsible for cancelling your membership through our website or you must cancel in writing by notifying us at firstname.lastname@example.org. We require a minimum of 3 days notice prior to the next automated payment to be processed. In the event that you cancel within the specified time period and the payment is still deducted from your account, please notify us and we will work with you to have this payment reversed. WE MAY TERMINATE YOUR MEMBERSHIP: We have the right to terminate your membership or, in our sole discretion, terminate or suspend your membership access to the website with or without notice if: a) you fail to pay your Membership fees when payment is due; b) you use our Services for illegal, immoral or otherwise in appropriate purposes; or c) you otherwise breach these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your Membership and you may be referred to the appropriate law enforcement authorities. Upon such termination, regardless of the reasons, your right to use the website and our Services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your Membership. Any refund may be determined in our sole discretion. AGREEMENT FOR MEMBERSHIP SERVICES To be eligible to sign up for our Services, you acknowledge and agree to the following: • You will not share your password or login details with any other person and you will keep your contact, payment and other information updated; • You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details; • You acknowledge that your use of the Services requires a certain amount of knowledge and skill, including technical know-how, and we is not responsible for ensuring that you are capable of using the Services; • You will use the Services only for lawful purposes and in accordance with these Terms and all regulations, laws, policies and guidelines that may apply; • We are only providing you with our Services to enable you to access, scraping or extract material for your own use. Reliance on any material, data, charts, analysis or other information (together ‘Information’) you collect is at your own risk. You need to do your own due diligence to determine what may be appropriate use any Information for your purposes. We are at no time responsible for any Information you may collect, store, use or otherwise access using our Services; • You are solely responsible for any website and Information you collect and any use of this Information. You need to make your own enquiries to ensure it is legal collection and use of the Information. Some websites and Information you may access may be subject to Intellectual Property, copyright and other regulations and laws that protect any collection and use. You will at all times indemnify us and take over any third party claim that may arise as a direct or indirect result of your use of our Services; • Some websites, links or Information you may access using our Services may contain viruses, worms, malware or other destructive software that may harm your device. You use our Services at your own risk and we are at no time liable for any loss or damage to any of your devices that may result from your use of our Services; . • You will not transfer, sublicense or grant access any of our Services to any other person, company, business except as agreed in these Terms; • You will use our Services in good faith and will not manipulate, alter, circumvent, or in any way use our Services in an unlawful manner or for unlawful means, whether direct or indirectly; • You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website or our Services; and • We make no warranty that the website Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. ACCEPTABLE USE POLICY You will not use our Services for any illegal, immoral or unauthorised purposes including but not limited to: • accessing and unauthorized use or disclosure of private, (non-public), personally identifiable information, or proprietary information of others; • accessing, scraping or collection for storage, posting, display, transmission, or otherwise making available child pornography; • scraping, acceding or otherwise using materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; • accessing, scraping or collecting material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws; • accessing, scraping or collecting material from websites that may be adult-oriented sites, pornography and sex-related merchandising, including sites that may infer sexual content of any kind or provide links to adult content elsewhere; and • accessing, scraping or collecting material to provide storage, sale, distribution, hypertext links to, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable; This is not designed to be an exhaustive list of permitted and non-permitted uses and practices. You should use your best judgement in all cases and contact us if you are unsure. We reserve the right to terminate your Services without notice at any time if we believe there is potential that you are or may be breaching our Membership Terms in our sole discretion. We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms. LIABILITY Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain Services provided through our website, we make no representations or warranties of any kind, express or implied, about: • the completeness, accuracy or reliability of the Information you obtain from the use of our Services; or • whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. You agree that you must evaluate, and bear all risks associated with, your use of the Services and/or any information made available to you through or facilitated by any source. You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or our Services, including, but not limited to, loss or corruption of your Member data or devices. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us. When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option: (a) The supply of any services again; or (b) The payment of the cost of having any services supplied again. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. INDEMNITY You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from (i) your breach of our Terms, (ii) any third party claims including but not limited to your customers/clients (ii) any activity you may engage in, directly or indirectly, through any use of our Services, or (iii) your use of the Services. GOVERNING LAW These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.