The following terms of service, including any additional guidelines (collectively, the “TOS”) governs your access and use of this website, the software, applications and services made available here (collectively, the “Service”). The Service allows you to submit, store, and access certain business data and other information related to you, your customers, or your business (collectively, “User Data”).
You must be capable of entering into a binding contract and at all times agree to and abide by the TOS and all applicable local, state, national, and international laws, rules and regulations while using the Service.
The TOS for the Service is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a company, organization, or entity (“you” or, collectively with other users, “Users”) and Websystems.co regarding your use of the Service. Websystems.co may have different roles with respect to different types of Users, and “you” as used in the TOS will apply to the appropriate type of User under the circumstances.
If you are using or opening an account with Websystems.co on behalf of a company, entity, or organization (collectively, the “Subscribing Organization”) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to the TOS; (ii) have read the TOS; (iii) understand the TOS, and (iv) agree to the TOS on behalf of such Subscribing Organization.
Please read the TOS carefully to ensure that you understand each provision. A reference to singular includes the plural and vice-versa.
1. Grant of License
Websystems.co hereby grants you a limited, personal, non-exclusive, non-transferable, worldwide right and license to use the Service solely for your own internal business purposes, subject to the terms and conditions of the TOS. All rights not expressly granted to you are reserved by Websystems.co and its licensors. Users shall have no right to sub-license or resell the Service or any component thereof.
The Service is not available to persons under 19 years of age or to any users previously suspended or removed from the Service by Websystems.co. When using the Service, including uploading or making available any User Data, you agree not to:
Upload or transmit via the Service any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
Use the Service for any purpose that is unlawful or is otherwise prohibited by the TOS;
Use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair the Service;
Attempt to gain unauthorized access to the Service, or any part of them, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
Modify the Service in any manner or form, or use any modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service;
Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service;
Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
Share passwords issued by Websystems.co with any third party or encourage any other User to do so;
Misrepresent the source, identity, or content of User Data;
Modify, adapt, translate or create derivative works based upon the Service;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, unless and only to the extent that such activity is expressly permitted by applicable law;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party; provide time sharing or similar services for any third party; or use the Service for any purpose other than your own internal business use;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service or Service;
Access the Service if you are a direct competitor of Websystems.co, except with Websystems.co’s prior written consent, or for any other competitive purposes; or
Collect or harvest any personally identifiable information, including account names, from the Service.
3. Prohibited Uses
Websystems.co strictly prohibits using the Service: (i) to generate fraudulent impressions of or fraudulent clicks on your ads or third-party ads through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) to extract data that are illegal in any state or country where you reside; (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside; (iv) to extract data from adult or pornographic websites, gambling or casino-related websites, hate-related websites, websites that promote violence, or drug-related websites; or (v) engage in any action or practice that reflects poorly on Websystems.co or otherwise disparages or devalues Websystems.co’s reputation or goodwill. Violation of these policies may result in immediate termination of your use of the Services without notice, and may subject you to legal consequences.
5. Account Activity Responsibility
5.1 User Accounts
In order to use certain aspects of the Service, you will have to register for the Service and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify Websystems.co. You may be liable for the losses incurred by Websystems.co or others due to any unauthorized use of your User Account. You may not establish more than one User Account for the same entity without Websystems.co’s written consent.
5.2 System Access
You may choose to allow Websystems.co to automatically retrieve data from your system or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow Websystems.co to so automatically access such system and services and you hereby grant Websystems.co permission to access such system and services and retrieve User Data therefrom by indicating the same within your User Account. Websystems.co disclaims any and all liability associated with accessing and retrieving User Data from such system and services on your or your Subscribing Organization’s behalf. In order to connect the Service with any third-party service, you hereby designate Websystems.co as your agent and attorney-in-fact in connection with such service and further authorize it to: (a) store your User Data relating to such service; (b) access such service using User Data you provide us; (c) use any materials you provide us in order to provide you the Service; (d) gather and export from such service any User Data reasonably necessary for us to provide the Service to you; and (e) otherwise take any action in connection with such service as is reasonably necessary for us to provide the Service to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. If at any time you do not have the right and authority to allow Websystems.co automatic access to such system, then you hereby agree to immediately disable such functionality within your user account.
5.3 Account Information
You acknowledge and agree that Websystems.co may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Websystems.co, its users, or the public.
6. Payment and Refunds
You agree to pay all applicable charges under the TOS, including any applicable taxes or charges imposed by any government authority. You agree that Websystems.co may change its pricing at any time. There are no refunds for payments made once Service has been rendered. Charges shall be calculated solely based on invoicing records maintained by Websystems.co for purposes of billing. No other measurements or statistics of any kind shall be accepted by Websystems.co or have any effect under the TOS.
7. Managing Subscriptions
7.1 Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Service or agreed in an order. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees.
7.2 For annual subscriptions, you will need to provide thirty (30) days notice, prior to the annual renewal date and the subscription will be cancelled upon receipt of such notification and no future charges will be made. For monthly or other subscriptions, you will need to provide ten (10) days notice, prior to the monthly renewal date and the subscription will be cancelled upon receipt of such notification and no future charges will be made.
8. User Data
8.1 Use of User Data
By submitting User Data to Websystems.co, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for Websystems.co and its subcontractors and service providers to provide the Service. Websystems.co shall have no right to sublicense or resell User Data, except however, that you agree that Websystems.co may collect, analyze, and use data derived from User Data for purposes of operating, analyzing, improving, or marketing the Service and any related services. If Websystems.co shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. You further agree that Websystems.co will have the right, both during and after the term of the TOS, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
8.2 Your Responsibilities for User Data
8.3 Security Incidents
In the event that User Data is disclosed to or accessed by an unauthorized party, Websystems.co will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User Data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.
8.4 No Responsibility for Backups
Websystems.co will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Data.
8.5 Rights to User Data
You own all right, title and interest (including all intellectual property rights) in and to your User Data.
9. Consent to List as Customer
By using the Service, you hereby grant, and represent and warrant that you have all rights necessary to grant, Websystems.co the right to include you and/or your Subscribing Organization as a customer or client of Websystems.co. You hereby grant Websystems.co the limited right to use your trademarks, service marks and other information identifiable to you for the purpose of representing to third parties that you use the Service.
10. Ownership; Proprietary Rights
The Service is owned and operated by Websystems.co. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by Websystems.co, but expressly excluding any of the foregoing owned or licensed by and posted to the Service at the direction of Users (including without limitation User Data) (“Materials”) are protected by intellectual property and other applicable laws. Except for any technology licensed by Websystems.co, which is owned by and provided by our third-party licensors, all Materials contained in the Service, including without limitation the intellectual property rights therein and thereto, are the property of Websystems.co or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Websystems.co or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in the TOS shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Websystems.co under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Websystems.co does not waive any rights to use similar or related ideas previously known to Websystems.co, or developed by its employees, or obtained from sources other than you.
11. Third-Party Sites, Third-Party Information
11.1 The Service may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). Websystems.co makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
11.2 You acknowledge that Websystems.co does not manage or control the user data that you access, store or distribute through the Service, and accepts no responsibility or liability for that information regardless of whether such user data is transmitted to or by you in breach of the TOS. Websystems.co makes no warranty with respect to such user data you may access, store or distribute through the Service. In particular, without limiting the generality of the foregoing, Websystems.co makes no warranty that such user data will be free of any virus or destructive or malicious code or programs. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Websystems.co with respect to third party and/or user data that you choose to access, store or distribute, through the Service.
12. Security and Privacy Settings
We have implemented commercially reasonable technical and organizational measures designed to secure your User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Service and that you provide any such information at your own risk.
Websystems.co makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any content. Websystems.co does not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server that make the Service available are free of viruses or other harmful components. The Service and all content is provided to you strictly on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Websystems.co
14. Limitation of Liability
14.1 Under no circumstances, including, but not limited to, negligence, will Websystems.co or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Service, or any other interactions with Websystems.co, even if Websystems.co or a Websystems.co authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Websystems.co’s liability will be limited to the fullest extent permitted by applicable law.
14.2 In no event will Websystems.co’s or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the TOS or your use of the Service, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Service during the month immediately preceding the day the act or omission occurred that gave rise to your claim .
14.3 In all cases where copyrighted data may be included as part or all of the Service, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data. You agree that Websystems.co will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
14.4 You acknowledge and agree that Websystems.co has offered its products and services, set its prices, and entered into the TOS in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Websystems.co.
You agree to defend, indemnify and hold harmless Websystems.co and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you; (b) your violation of any term of the TOS, including without limitation, your breach of any of the representations and warranties above; (c) your violation of or User Data violating any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of any country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code. Websystems.co will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Websystems.co. Websystems.co will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. You shall indemnify Websystems.co for all loss or damages caused by violation of any third party’s rights while rendering the Service under the TOS, including for all costs, loss of income, and legal and administrative expenses.
Websystems.co may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice. In addition, Websystems.co reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Data. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Websystems.co will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Websystems.co may have at law or in equity.
17. Governing Law and Dispute Resolution
17.1 Governing Law
You agree that the TOS and any dispute, controversy or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of Canada.
17.2 Dispute Resolution
The sole and exclusive method for resolving all disputes, claims and controversies arising out of, related to, or in connection with this TOS of Service (including the subject matter hereof, any amendment hereto, or the performance, termination, interpretation, validity or breach of this TOS of Service or the arbitrability of any such controversy, claim, or dispute) will be binding arbitration in Toronto, Ontario, in English Language, in accordance with the Adjudication Rules (the “Rules”) of the ICC Canada Arbitration Committee, before a single neutral arbitrator. The decision of the arbitrator will be final and binding. The prevailing party will be entitled to apply to, and obtain from, a court or tribunal having competent jurisdiction, an order enforcing the arbitrator’s decision. Websystems.co may pursue any legal remedies in any competent jurisdiction for the enforcement of rights under the TOS.
18.1 Notice and Modifications
Websystems.co may provide you with notices, including those regarding changes to Websystems.co’s terms and conditions, by email, regular mail, or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Websystems.co is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given five (5) days following the initial posting. Websystems.co reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the TOS. Websystems.co is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Websystems.co may, in its sole discretion, modify or update the TOS from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new TOS of Service. If any such revision is unacceptable to you, your only remedy is to terminate your Websystems.co User Account. If you do not agree to any of these terms or any future TOS of Service, do not use or access (or continue to access) the Service.
18.2 Variation and Waiver
No variation of this agreement shall be effective unless it is in writing and signed by the parties or their authorised representatives. Failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this agreement or by law is only effective if it is in writing. Except as expressly provided in the TOS, the rights and remedies provided under this agreement are in addition to and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of the TOS is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
The TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Websystems.co without restriction.
Upon termination of the TOS, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
The headings in the TOS are for ease of reference only and shall be disregarded in construing the TOS.
18.7 Entire Agreement
This, including the agreements incorporated by reference, constitutes the entire agreement between you and Websystems.co relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Websystems.co as set forth in the TOS.
You hereby state and acknowledge that the TOS have been freely consented by you. You hereby declare that you fully understand your rights and duties under the TOS.