The following Terms and Conditions govern all use of SerpWorx (hereinafter, referred to as "we", "us", "our", "Company") of Level 15 / 60 Station St, Parramatta 2150 NSW, and all content, services and products available through the SerpWorx service. By using any SerpWorx product, ypu (hereinafter, referred to as "you", "Users", "User", "Account Holders", "Memmbers", "Trial User") acknowledge that you have read the below Terms and agree to be bound by them.
SerpWorx Access:
Subject to the provisions in the Terms, SerpWorx grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use SerpWorx.
Your subscription to SerpWorx products are for single user access to our service. You must immediately notify SerpWorx of any unauthorized uses of your account or any other breaches of security. SerpWorx will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You are responsible for maintaining the confidentiality of the passwords which are used to access SerpWorx.
Fair Usage Policy:
Our fair usage policy is designed to prevent over usage of the SerpWorx service. The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
- Sharing subscriptions between users
- Re-selling your SerpWorx subscription
SerpWorx may at its option, terminate or suspend your account and your use of any SerpWorx product immediately if it determines you are using the product contrary to this Fair Usage Policy.
Payment and Renewal:
All prices listed are in $USD. By selecting a SerpWorx account you agree to pay SerpWorx the monthly fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for the subscription period as indicated.
Overdue accounts and missed payments are given a 3-day grace period before the account is either paused or terminated. Any existing Grandfathered pricing discounts that were active on a given user account are automatically nullified when an account is terminated or paused due to non-payment. Grandfathered Pricing discounts will not be reinstated on terminated accounts for any of the following reasons:
- You forgot to open an email from SerpWorx or PayPal
- You failed to receive an email notification from SerpWorx or PayPal
- You were not aware of the above clauses relating to account non-payment cancellations
- You forgot to update your payment details
- Your credit card details were compromised or stolen
- You were not aware your subscription payment was overdue
- You were not aware your credit card details or nominated payment option had expired
Account payment types cannot be switched. To switch an account payment type from PayPal to credit card or vice versa, account holders must go through the checkout process again. During the checkout process you will be given a pro rata discount depending on your current account type and status. Any grandfathered account pricing plans will not carry over during a change of payment type.
Automatic Renewal:
Unless you cancel before the end of the applicable subscription period, your SerpWorx subscription will automatically renew and you authorize us to collect the monthly subscription fee (as well as any applicable taxes). Your SerpWorx account can be cancelled at any time in the Account section of your profile.
Termination:
SerpWorx may terminate your access to all or any part of the Website at any time for breaching terms and conditions, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including disclaimers, indemnity and limitations of liability.
Free Trial Period:
SerpWorx provides a completely free 3 day trial period to evaluate the product. The trial version is a fully working version with all features enabled. Under no circumstances does the trial version of SerpWorx automatically transition into a paid account. SerpWorx does not collect any financial information from our users during the trial period. It is impossible for a SerpWorx trial account to automatically change into a paid account.
After the free trial period, you will no longer be able to login to the SerpWorx browser extension. In order to reactivate the product, you must select a plan from the pricing page and go through the checkout process manually. Once on the checkout page, you may choose to create and a paid account and manually pay for a full account after agreeing to the terms of service you are now reading.
Refund Policy:
SerpWorx provides a fully functioning free evaluation version of the product. During the initial free trial period, SerpWorx incurs costs to provide trial users' with free credits to evaluate the product. As such, we provide no refunds after a decision has been made to purchase the product.
We do not offer refunds or credit on any purchases. You may cancel your SerpWorx account at any time by logging into your account here https://www.serpworx.com/login/ and clicking on the "cancel account" button. Refunds will not be given for any reason including but not limited to the following:
- You have changed your mind about the purchase
- You purchased the product by mistake
- You do not have sufficient experience to use the item
- You have forgotten that you have subscribed to the service
- You do not remember purchasing the product
- You have not used the product at all
- You have not been receiving emails
- You didn't understand that it was a subscription service
User Conduct:
A. User shall use the ‘SerpWorx Website’ for lawful purposes only. User shall not post or transmit through the ‘SerpWorx Website’ any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, offensive, ill-mannered, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without SerpWorx's express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in SerpWorx's discretion violates these guidelines will have their account permanently banned without notice or refund. Any user who restricts or inhibits any other User from using or enjoying the ‘SerpWorx Website’ will not be permitted. User shall not use the ‘SerpWorx Website’ to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SerpWorx.
B. 'SerpWorx Website' contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ‘SerpWorx Website’ are copyrighted as a collective work under International Copyright Laws. SerpWorx owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SerpWorx and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on the ‘SerpWorx Website’ any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the ‘SerpWorx Website’, User automatically grants, or warrants that the owner of such material has expressly granted SerpWorx the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants SerpWorx the right to edit, copy, publish and distribute any material made available on the ‘SerpWorx Website’ by User.
Content:
SerpWorx contains materials that are owned by SerpWorx and such materials include, but are not limited to, trademarks, text, photos, and source code. The Company’s Content is intellectual property of the SerpWorx. The Company’s Content is protected by the applicable national and international intellectual property laws.
License Restrictions:
Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sublicense, lease, distribute or attempt to grant other rights to Company’s Content to third parties.
Availability and Accuracy:
SerpWorx will use all reasonable efforts to make the service available at all times. However, you acknowledge that as SerpWorx relies on several third parties to aggregate results and that the service is provided over the Internet, the availability of the Website may be affected by factors outside our reasonable control. We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
Disclaimer of Warranties and Indemnification:
The company is licensing the website and providing the services on "as is", "as available", and "with all faults" basis. The company makes no representations or warranties about the suitability, reliability, timeliness, and accuracy, for any purpose, of the website and the services. The company hereby disclaims all warranties, either express or implied, regarding the website and the services. The company expressly disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability:
To the extent not prohibited by law, in no event shall the company be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the website and the services, and for any cause of action, including contract, tort (including negligence) or otherwise, even if the company has been advised of the possibility of such damages.
Indemnity:
To the extent not prohibited by law, you agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website and the Services.
Governing Law:
The Terms shall be governed by the laws of Australia. You irrevocably consent to the exclusive jurisdiction and venue of the courts of Australia for all disputes arising out of or relating to these Terms.
Amendment of These Terms:
The Company reserves the right to modify or amend these Terms at any time without notice. If you continue using the Website or the Services following the posting of changes to the Terms, you declare that you accept those changes.