Terms of Use

Effective starting: July 1, 2015

Last updated: March 8, 2016

These Terms of Service ("Terms") cover your use and access to our services, client software and websites ("Services"). Your agreement is with Webpass.io (ABN 28 438 661 693) (“Webpass.io”). Our Privacy Policy explains how we collect and use your information, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you agree to be bound by these Terms, and to read our Privacy Policy and Acceptable Use Policy policies. If you are using our Services for an organisation, then you are agreeing to these Terms on behalf of that organisation. Webpass.io distinguishes between users that are partners ("Partners") and users that are subscribers ("Subscribers"). Partners provide services, software, and/or content ("Content") to Subscribers. Webpass.io Documentation ("Documentation") refers to documentation and instructions managed by Webpass.io for users, either available on Webpass.io.com, or linked to from Webpass.io's Services, or provided as part of the Services.


Changes to Terms

From time to time, Webpass.io may change, remove, or add to these Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Your Information

When you use our Services, you provide us information about yourself. Webpass.io takes your privacy seriously, and you can read our Privacy Policy to learn more. We may make available to you and to third parties some non-identifying information. This information may be in the form of aggregate statistics, such as information on the most popular websites among users, how many subscribers we have, and so on.

We need your permission to do things like hosting your information, backing it up, and sharing it when you ask us to. You give us permission to do these things, as well as granting this permission to our affiliates and trusted third parties we work with.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the Content partners make available to Subscribers.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current. Each Webpass.io subscription is designed with the expectation that it is used by one person only. This means that if usage exceeds that which is reasonable for a single person, you may be required to upgrade your account (if an upgrade is available), or we may not provide our Services for the remainder of the period of that Subscription.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Free Trial

Webpass.io offers a subscription, with a free trial ("Free"), and ("Paid") plans. The Free plan is available to you once only. You may use our Services for free, until either of the following conditions are met:

  1. We end the Free plan: we will notify you by email, and cancel your subscription
  2. One of the website's you visit has become a Webpass.io Partner: after this, we will ensure you have 30 days more on the Free plan so that you have time to select a paid plan and enter your payment details. You will be moved onto the Paid plan that you select, and charged accordingly

Prices are available on our website. The Free plan is an opportunity for you to signal to websites that you would be willing to pay, if they are willing to offer you their Content according to the conditions outlined in this document under 'Partners'.

Our Stuff

The Services are protected by copyright, trademark, and other Australian and foreign laws. These Terms don't grant you any right, title or interest in the Services, Webpass.io trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Partners

You may Partner with us to provide services to Subscribers. The extent of the partnership with Partners goes no further than what is outlined in these Terms, and is not a legal partnership. You enter into an agreement with Webpass.io to provide Subscribers with Content. Specifically, you agree to:

In return, Webpass.io will use funds from Subscribers to pay you for providing your Content, when such funds are made available by Subscribers, and the Subscribers who use your Content are paying, subject to the conditions below.

Abuse. Abuse of Webpass.io Services is not permitted. We reserve the right to suspend your account, and/or recover any funds allocated, if you attempt to abuse Webpass.io Services. Abuse includes attempting to artificially inflate the popularity of your website, gain unauthorised access to Webpass.io systems, and so on. Please see the Acceptable Use Policy for any further restrictions.

Exceptions. Webpass.io understands that you may want to display advertisements that are explicitly relevant to the nature of the website. For example, a website for music lovers may want to advertise events for a user's favourite bands, or users of a gaming website may expect to read news about upcoming games. As a guideline, advertisements will be permitted only if they are advertisements that you have good reason to think that your typical ad-blocking visitor would in fact want to see. Advertisements that are provided and/or managed by a third party should be removed, to protect the privacy of our users. Ultimately, Webpass.io and its community of users will make a judgement on whether they find the permitted advertisements to be acceptable or not. If unsure, contact us at support@webpass.io, or engage with our community for feedback.

Payments. Webpass.io may make available to you money drawn from payments by Subscribers. You must have an appropriate registered business in your region. If you do not fulfil your agreement above as a partner, Webpass.io may withold or withdraw any money that might otherwise have been credited to your account. Webpass.io makes no guarantee regarding the exact amount that you receive for providing your service. The amount will be determined, in part but not necessarily solely, on the basis of how many subscribers Webpass.io has and how popular your website is among those Subscribers. Webpass.io will not pay you any amount less than $100 USD, and so will not pay you any amount before your account has accrued enough money. Webpass.io reserves the right to reclaim any funds allocated to accounts that appear inactive for 6 months or more, or have been unable to accrue enough funds after 6 months or more.

Verification. While funds can be immediately allocated to your account once ownership of the domain is verified, Webpass.io reserves the right to only pay you once we have verified your business details to our satisfaction. This may include requests for copies of documents relating to your organisation, so that we can verify with the relevant organisations. It is your responsibility to provide such details when requested, and Webpass.io reserves the right to recover funds allocated to any such account after reasonable attempts have been made with you to verify your details.

Payment Method. Webpass.io will endeavour to offer convenient ways to pay you. These methods may include mailing you a cheque, or paying into a Paypal account. It is your responsibility to ensure that you are able to be paid through one of the channels that Webpass.io has made available. Webpass.io will pay to a nominated Paypal account before the end of any month in which your account had $100 or more on the first of that month.

Law. Webpass.io will not knowingly pay you if your website promotes or engages in any illegal activity, and Webpass.io will recover any funds allocated in such cases.

Breaches. If your account is found to breach any of the Terms, or Acceptable Use Policy, we reserve the right to recover any funds allocated. It is in Webpass.io's best interest to pay you, so we intend to exercise this right only after all other methods of resolution have been exhausted.

Please see the Acceptable Use Policy for any further restrictions.

Paid Services

Billing. Webpass.io provides subscription plans. By making any purchases on your account, your account becomes a Paid Account ("Paid Account"). We will automatically charge your selected payment method to pay for any subscriptions until you cancel such subscriptions. Taxes and transaction fees are your responsibility, and we will charge them on your order when appropriate. The final price on the order will include these taxes and fees. You may be charged around 48 hours prior to the end of the current subscription period, to ensure an uninterrupted service.

Cancellations and Refunds. You may cancel any of your Webpass.io subscriptions at any time. Cancelling will prevent the subscription from being renewed, but you will retain any remaining usage. There are generally no refunds for subscriptions that have already been used, except as required by the law in your region, or where you were charged without your permission. Please contact us at support@webpass.io for such refunds, or for charge disputes.

Upgrades and Downgrades. Some subscriptions offer you a way to upgrade or downgrade your plan. When you change your subscription plan, this will become effective once the current period runs out. If you do not pay for any of your subscription plans, we reserve the right to downgrade it to any free plans, or cancel it.

Changes. We may sometimes change the price of your subscriptions or products. We will give you advance warning of such changes by sending a message to the email address that you have provided for us.

Your Responsibilities

You are responsible for your conduct, and your information, and you must comply with our Acceptable Use Policy.

You acknowledge that Webpass.io does not make any representations or warranties about the Content which you may have access to as part of, or through your use of, the Services. Under no circumstances is Webpass.io liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

Termination

By Webpass.io: Webpass.io may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Webpass.io at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time. You can end any active subscriptions through your account controls on Webpass.io.com.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEBPASS.IO AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS OFFER THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WEBPASS.IO DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY WEBPASS.IO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBPASS.IO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBPASS.IO BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WEBPASS.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEBPASS.IO IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Miscellaneous Terms

Choice of law. These Terms are governed by and construed by the laws of the State of Victoria in Australia, not including its choice of law rules.

Dispute resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Webpass.io, you agree to try to resolve the dispute informally by contacting support@webpass.io. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Webpass.io may bring a formal proceeding.

The parties agree that any disputes between Webpass.io and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the State of Victoria, Australia, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver. Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability. If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Webpass.io as a result of the Terms or from your use of any of the Services, other than as described in these Terms.

Integration. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Webpass.io relating to this subject matter and supersede any and all prior communications and/or agreements between you and Webpass.io relating to access and use of the Services.