Please read these Terms of Service ("Terms", "Terms of Service") carefully
before using the https://cometsuite.com or https://whitelabelsuite.com or https://app.whitelabelsuite.com website operated by Comet Suite Pty Ltd ("us", "we", or "our") or any of our websites including, but not limited
to http://leads.cometsuite.com, https://Social.cometsuite.com, https://docs.cometsuite.com, https://whitelabelsnapshots.com, https://prospectfalcon.com. Where Comet Suite Pty is referred to, this also incorperates all trading names.
These Terms sets out our commercial relationship, including your rights and
obligations when accessing and using the websites listed above, platform,
products, materials, lead generation search information, or any other
technology, services, or related lead generation search information we
provide you (collectively, the “Service”).
You will also find our privacy policy for our websites located here.
These Terms apply to all visitors, users, and others who access or use the
Service. You warrant that you are at least 18 years old and legally capable of
entering into binding contracts. If you are under 18 years old, you warrant
that you have obtained consent from your parent or guardian, and they
agree to be bound by these Terms on your behalf.
By clicking “I Accept,” or by downloading, installing, or otherwise accessing
or using the Service, you agree that you have read and understood and are
bound by the Terms and our Privacy Policy.
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information
relevant to your Purchase, including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and
your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the
information to third parties to facilitate the completion of the Purchase.
We reserve the right to refuse or cancel your order at any time for certain
reasons, including but not limited to product or service availability, errors in
the description or price of the product or service, error in your order, or
other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing Cycles are set either monthly or annual,
depending on your subscription plan when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or we cancel it.
Cancellations must be in writing and must be received within 14 days of the
next rebill date. Cancellations can be processed by contacting White Label
Suite (Comet Suite Pty Ltd) customer support team at
A valid payment method, including credit card or PayPal, is required to
process your Subscription payment. You shall provide us with accurate and
complete billing information, including full name, address, state, zip code,
telephone number, and valid payment method information. By submitting
such payment information, you automatically authorize us to charge all
Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any reason, your access to the
Service will be denied until such time as the subscription, license, or access
fee is paid in full. You can contact support
at https://support.whitelabelsuite.com/support/home to arrange payment.
Comet Suite Pty Ltd may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Comet Suite Pty Ltd until the Free Trial has
expired. On the last day of the Free Trial period, unless you cancel your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms
and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.
Comet Suite Pty Ltd, in its sole discretion and at any time, may modify the
Subscription fees for the Subscription. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Comet Suite Pty Ltd will provide you with reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes
into effect constitutes your agreement to pay the modified Subscription fee
amount.
In most cases refunds will not be granted as the products sold are digital of
nature and available immediately after purchase. Certain refund requests for
Subscriptions may be considered by Comet Suite Pty Ltd on a case-by-case
basis and granted at the sole discretion of Comet Suite Pty Ltd. Refunds will
be at the sole discretion of Comet Suite Pty Ltd or its agents. It may include
recouping associated costs and fees for the system at the discretion of
Comet Suite Pty Ltd. Due to the digital nature of the products sold, refunds
are not normally granted.
When you create an account with us, you must provide us with accurate,
complete, and current information at all times. Failure to do so constitutes a
breach of these Terms, which may result in the immediate termination of
your account on our Service.
You are responsible for safeguarding your password to access the Service
and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be
fully responsible for activities related to your account or your password.
You must notify us immediately upon becoming aware of any breach of
security or unauthorized use of your account.
We respect the intellectual property rights of others. It is our policy to
respond to any claim that content posted on the Service infringes any
person's copyright or other intellectual property infringement
("Infringement").
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes
copyright infringement that is taking place through the Service, you must
submit your notice in writing to the attention of "Copyright Infringement"
via our support channel and include in your notice a detailed description of
the alleged Infringement.
You may be held accountable for damages (including costs and attorneys'
fees) for misrepresenting that any content is infringing your copyright.
In order to lodge a complaint with us, please contact us using our published
support channels with the following information:
• Your name and address;
• Details of the alleged breach of copyright; and
• URL link to the alleged breach of copyright (if applicable).
Please allow us 30 days to investigate your complaint, after which we will
contact you immediately to resolve the issue.
The Service and its original content, features, and functionality are and will
remain the exclusive property of Comet Suite Pty Ltd and its licensors. The
Service is protected by copyright, trademark, and other laws of both
Australia and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of Comet Suite Pty Ltd. Nothing in these Terms constitutes a
transfer of any intellectual property rights from us to you.
Our Service may contain links to third-party websites or services not owned
or controlled by Comet Suite Pty Ltd.
Comet Suite Pty Ltd has no control over and assumes no responsibility for
any third-party websites or services' content, privacy policies, or practices.
You further acknowledge and agree that Comet Suite Pty Ltd shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any
such content, goods, or services available on or through any such web sites
or services.
We only provide links to external websites as a convenience, and the
inclusion of such a link to external websites does not imply our
endorsement of those websites. You acknowledge and agree that when you
access other websites on the internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy
policies of any third-party websites or services you visit.
We may terminate or suspend your account immediately, without prior
notice or liability, for any reason whatsoever, including without limitation if
you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If
you wish to terminate your account, you may simply discontinue using the
Service. To cancel ongoing subscriptions, please do so
at
https://support.whitelabelsuite.com/support/home Please note that
cancellations must be submitted
through
https://support.whitelabelsuite.com/support/home
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims or damages
arising from any termination or suspension or any other related actions
taken by us.
If applicable law requires us to provide notice of termination or cancellation,
we may give prior or subsequent notice by posting it on the Service or by
sending a communication to any address (email or otherwise) we have for
you in our records.
Upon termination of your account, any payments from referred customers
will be redirected to our parent company (Comet Suite Pty Ltd), instead of
the reseller. If a client was onboarded indirectly without using the payment
system, such as through a reseller coupon or other method granting free
access, that client account will be cancelled upon the reseller’s cancellation.
As an authorized reseller of our software, you must abide by the following
rules, not limited to but including:
• You must not promise performance other than those specifically
created by Comet Suite Pty Ltd, or its associated brands;
• You must immediately refund any monies paid to you by third parties
for using the software applications or services if that third party has
paid you directly and requests a refund;
• You must keep private all discount coupons or reduced pricing offers.
• You must use a tick box for the customer to tick to agree to the form of
Terms of Service we provide you, ensuring you, the Reseller, is named
and defined as “Company”; and
• You must maintain a record of all instances where the customer accepts
the terms of service via the tick box, clearly identifying the date and
time of acceptance.
For the avoidance of doubt, the above provisions are in addition to the
obligations set out in these Terms of Service.
In addition to the indemnity provisions in these Terms of Service, the Reseller agrees to indemnify Comet Suite against any direct and reasonably foreseeable loss suffered or incurred by Comet Suite arising out of any claim made against Comet Suite for actual or alleged actions of any third party to which the Reseller has provided the Service.
You agree to comply with all relevant laws, regulations, and rules (“Relevant
Laws”) in connection with your access to and use of the Service, including
but not limited to laws relating to copyright, spam, privacy, data protection,
or trademark, intellectual property, export control, and regulatory
requirements, and expressly including Spam Laws.
Further, you agree not to use the data provided by Comet Suite Pty Ltd for
any unlawful purposes or in a manner that is prohibited by these Terms.
This includes any use that could damage, disable, overburden, or impair our
services or interfere with any other party's use and enjoyment of our
services.
For the avoidance of doubt, Relevant Laws include any laws in your
jurisdiction and the laws of any jurisdiction under which the access to and
use of the Service may be governed.
“Spam Laws” means applicable spam laws and regulations in any relevant
jurisdiction, including the Australian SPAM Act 2003 (Cth) (“SPAM Act”), the
U.S. Federal CAN-SPAM Act of 2003 (“CAN-SPAM”) and Canada’s Anti-
Spam Legislation (“CASL”), together with any amending or replacement
legislation and regulations.
Without limiting your obligations under this clause, you must ensure that,
for the purposes of the SPAM Act:
(a) you must not send, or cause to be sent, a commercial electronic
message that has an Australian link that would breach section 16(1) of
the SPAM Act;
(b) to the extent you are relying upon section 16(2) of the SPAM Act in
relation to the sending of an electronic commercial message, you
must ensure that:
(i) the relevant account holder has consented to the sending of the
message, where such consent satisfies the consent
requirements in Schedule 2 of the SPAM Act, including where
the applicable consent to the sending of the message may be
inferred from publication on an electronic address; and
(ii) the messages you propose sending to the account holder are
relevant to the work-related business, functions or duties of the
employee, director, officer, partners, of other employed
individual concerned.
In the event you become aware of any breach, or potential breach, of the
SPAM Act by you or the organisation you represent, you must immediately
notify us:
(a) where you have contravened section 16 of the SPAM Act; or
(b) where you suspect you may have, or may at any future time,
contravene section 16 of the SPAM Act.
You acknowledge that you shall, upon reasonable request by Comet Suite
Pty Ltd, provide Comet Suite Pty Ltd information in relation to your
proposed use of the email address lists we provide you from time to time,
including for the purposes of confirming whether such email address lists
will be used in connection with sending commercial electronic messages in
contravention of section 16 of the SPAM Act. Comet Suite Pty Ltd may
request such information before or after granting you access to the
Platform and for the duration of the Subscription term.
For avoidance of doubt, you are responsible for ensuring all relevant
requirements under Relevant Laws (which differ from country to country),
including Spam Laws and the SPAM Act, are satisfied, including obtaining
independent legal advice where necessary.
As a condition of your access to and use of the Service, you agree to
indemnify us and our successors and assigns for all damages, costs,
expenses, and other liabilities, including but not limited to legal fees and
expenses relating to any claim arising out of or related to your access to and
use of the Service (including data) or your breach of these Terms and any
Relevant Laws or the rights of another person or party. You acknowledge
that Comet Suite Pty Ltd and its agents are not liable for technology failures
that may cause damage to you or your business.
This indemnification section survives the expiration of your registration and
applies to claims arising both before and after the registration ends.
To the maximum extent permitted by applicable law you agree that we shall
not be liable for any damages from using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental, or
consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill, or other economic advantages), however, it arises,
whether for breach of contract or in tort, even if it has been previously
advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or
contract, or pursuant to the Competition and Consumer Act 2010 (Cth),
including, but not limited to, any misleading statements made and/or
incorporated into any content provided by third parties, such as
manufacturers and wholesalers, and users of the Service. It is your sole
responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of
data and/or equipment used in connection with your usage of the Service
and will not make a claim against for lost data, re-run time, inaccurate
instruction, work delays, or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you
exceed, in total, the amounts paid by you to us.
Your use of the Services and the data provided under the Service is at your
sole risk. The Service and data is provided on an "as is" and "as available"
basis. The Service and data is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement,
course of performance, completeness, accuracy, reliability, suitability, or
availability of the Service, and we expressly disclaim any such warranties.
We are constantly updating our offerings of products and services on the
Service. We cannot, and do not, guarantee the accuracy or completeness of
any information, including prices, product images, specifications, availability,
and services. We may experience delays in updating information on the
Service and in our advertising on other websites. We reserve the right to
change or update information and correct errors, inaccuracies, or omissions
without prior notice.
Some jurisdictions do not allow the exclusion or disclaimer of certain
warranties or the exclusion or limitation of liability for certain matters, in
which case certain provisions set out above may not apply to you.
These Terms shall be governed and construed in accordance with the laws
of Queensland, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service and supersede and replace any prior
agreements we might have between us regarding the Service.
At our sole discretion, we reserve the right to modify or replace these
Terms at any time. If a revision is material, we will try to provide at least 30
days' notice before any new terms take effect.
It is your sole responsibility to check these Terms for any changes
periodically. If you do not agree with any of these terms changes, it is your
sole responsibility to stop using the Service. Your continued use of the
Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us via our
support desk listed below.
Support Desk: https://support.whitelabelsuite.com/