1. Introduction
These Terms of Service (“Agreement”) constitute a legal agreement between WebRover Pty Ltd (ABN 32607465538) and the customer (“Customer” or “you”) and govern your access and use of WebRover Pty Ltd’ data services (“Services”) as provided through the API, web platform, and integration with customers’ systems. By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Services.
2. General Terms
2.1 Provision of Services
WebRover Pty Ltd shall provide the Services to the Customer in accordance with the subscription plan selected by the Customer on the WebRover Pty Ltd website (https://webrover.com/). WebRover Pty Ltd may update, change or modify the Services from time to time, in its sole discretion.
2.2 Use of Services
The Customer shall use the Services solely for its own internal business purposes and shall not use the Services for any illegal, unethical, or unauthorized purpose. The Customer shall comply with all applicable laws and regulations in its use of the Services.
2.3 Subscription Plans
The Customer may select a subscription plan for the Services that meets its business needs. Subscription plans are subject to change, modification, or discontinuation by WebRover Pty Ltd in its sole discretion. The Customer is responsible for payment of all subscription fees for the selected plan, which shall be paid in advance of the subscription period.
2.4 Intellectual Property Rights
The Services and all associated intellectual property rights, including without limitation all patents, trademarks, copyrights, trade secrets, and other proprietary rights, are and shall remain the exclusive property of WebRover Pty Ltd.
2.5 Confidentiality
The Customer acknowledges that the Services and all information provided by WebRover Pty Ltd are confidential and proprietary to WebRover Pty Ltd. The Customer shall keep all such information confidential and shall not disclose it to any third party without the prior written consent of WebRover Pty Ltd.
2.6 Representations and Warranties
The Customer represents and warrants that: (i) it has the right to enter into this Agreement and to perform its obligations hereunder; (ii) it will not use the Services for any illegal or unauthorized purpose; (iii) it will not infringe the intellectual property rights of any third party in connection with its use of the Services; and (iv) it will comply with all applicable laws and regulations in its use of the Services.
3. Legal Requirements
3.1 Limitation of Liability
In no event shall WebRover Pty Ltd be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
3.2 Indemnification
The Customer shall indemnify, defend, and hold WebRover Pty Ltd harmless from and against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Customer’s use of the Services.
3.3 Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. WebRover Pty Ltd disclaims all warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4. Refund Policy and Cancellation Procedures
4.1 Refunds
All subscription fees are non-refundable. WebRover Pty Ltd may, at its sole discretion, provide a refund or credit in the event of an overcharge or billing error.
4.2 Cancellation
The Customer may cancel its subscription plan at anytime by providing written notice to WebRover Pty Ltd. Such cancellation will take effect at the end of the then-current subscription period. The Customer shall be responsible for all subscription fees for the current subscription period.
5. Privacy Policy
WebRover Pty Ltd is committed to protecting the privacy of its customers. Our Privacy Policy, available at https://webrover.com/privacy-policy, describes our practices regarding the collection, use, and disclosure of personal information.
5. Usage Policy
The Customer’s use of the Services is subject to our Usage Policy, available at https://webrover.com/usage-policy. The Usage Policy outlines the acceptable use of the Services and prohibited activities.
7. Termination
WebRover Pty Ltd may terminate this Agreement and the Customer’s access to the Services at any time, with or without cause, upon written notice to the Customer. Upon termination, the Customer shall immediately cease all use of the Services.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law. The parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, whether written or oral. Any modifications to this Agreement must be in writing and signed by both parties.
10. Contact Information
If you have any questions or concerns about this Agreement, please contact us at rover@webrover.com.
By using the Services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.