1. This Service
The Profit Scraper web application (Service) is provided by Profit Scraper Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 User accounts cannot be shared between users other than virtual assistants who have permission by you to help manage your account. A breach of this clause will result in termination of the abused account.
3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Pricing, Plans and Features
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time. Users are informed about these changes via their registered email addresses.
5. Payment and Credit Control
5.1 All service plans are billed monthly in advance except for auto orders which are charged in arrears to your next invoice.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account. Your monthly payment will be due on that date each month onwards.
5.3 If you upgrade or downgrade from a paid plan to another paid plan, your monthly payment will be pro-rated and the full amount of your new plan will be due on that date, minus any amount due to you from unused days of your current plan.
5.4 It is a condition of use that a valid Paypal account is provided at all times in order for your account or accounts to remain active.
5.5 Where a payment request is made by us and is declined by your Paypal account (for whatever reason) access to your account or accounts may be suspended until such time as a valid payment has been processed and a valid Paypal account is associated with your Service account or accounts.
6.1 You may cancel your account or accounts at any time by visiting http://members.profitscraper.com/billing/cancel
6.2 Cancellation should be done using the facility provided within the Service or by contacting us at our support desk.
6.3 No refunds will be provided for remaining unused days under a monthly account or accounts unless at our discretion.
7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time. This can be done from the members area or by contacting our support desk.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 Please refer to section 5.3 to see how payments are handled and how billing dates are affected when you downgrade or upgrade your account.
8. Trial Period
8.1 Trial periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one person may use a trial account, the account cannot be shared amongst multiple individuals.
8.3 These Terms and Conditions apply to all trial period accounts.
9. Technical Support
9.1 Technical support is provided via our help desk, knowledge base and such other means as we decide in order to provide a proper service to users.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third-party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 The above list is not intended to be exhaustive. We reserve the right to remove any content and suspend or terminate the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11. Content Ownership
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you that has originated from a third-party is added to the Service at your own risk. Furthermore if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.
12. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
13.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
13.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 17.
14. Access and Backups
14.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 16.2 below.
14.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
14.3 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service via our CSV export features provided to all users.
15.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
15.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
16. Limitation of Liability
16.1 We shall not be liable to you for any financial loss, damage to goodwill or anticipated savings or for any indirect or consequential loss whatsoever.
16.2 In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your use of the Service or any other service provided by us.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
22. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.
Last updated April 25th 2018