Terms of Service ("Terms")

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.

Purchases

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.

Subscriptions

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

https://support.whitelabelsuite.com/support/home

Payment

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.

Free Trial

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.

Fee Changes

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.

Refunds

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.

Accounts

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.

Copyright Policy

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.

Copyright Infringement Notice

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.

Intellectual Property

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.

Links To Other Web Sites

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.

Termination

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.

Reseller Obligations

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.

Compliance With Relevant Laws; No Illegal Use

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.

Indemnification

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.

Limitation Of Liability

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.

Disclaimer

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.

Applicability Of Exclusions

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.

Governing Law

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.

Changes To These Terms

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.

Contact Us

If you have any questions about these Terms, please contact us via our

support desk listed below.

Support Desk: https://support.whitelabelsuite.com/