Terms of Use



Please read these terms of use carefully before using the Site.

TheSpota Mobile Application (the "Application") and the Spota website (the "Site") is owned, controlled and operated by Spota Pty Ltd ("we", "our", "Spota" or "us").

The terms and conditions set out below (the "Terms of Use") apply to your ("you, "your" or "User") use of the Application services and features and the Site(the "Services"). The Services are available for you to use conditional on your acceptance of the Terms of Use. Provided you comply with the Terms of Use, Spota grants you a personal, non-exclusive, non-transferable, conditional and revocable licence to access and use the Services.

By accessing or using the Services, you agree to be legally bound by these Terms of Use and warrant that you have the capacity to do so. These Terms of Use shall apply to your use of the Services, including any information, features or content embodied within or delivered by the Services ("Content"). Spota reserves the right to amend these Terms of Use at any time. Notice of any amendments will be displayed on the Site and the Application where possible.

Your continued use of the Services following such alterations to the Terms shall constitute acceptance by you of those alterations. You should familiarise yourself with the Terms of Use and check for updates regularly. If you do not agree to the Terms of Use, you should stop accessing or using the Services.

A.DEFINTIONS

"Users" shall mean users of the Services;

"Spota" shall mean Spota Pty Ltd, its partners, affiliates and related body corporates.

  1. Description of Services

    • 1.1 The Application shall provideUsers with an online platform to,subject to the terms of these Terms of Use:
      1. Facilitatesocial engagement between Users; and
      2. Establish and manage a public user profile.
    • 1.2 The Site is available to Users to provide limitedaccess to information about our Application, news, promotions, updates to our Services and our contact details.
    • 1.3 Spota reserves the right to alter, update, modify, refuse or terminate access to any functionality of one or all of the Services at any time, without prior notice to you.
  2. Eligibility

    • 2.1 You must be at least eighteen (18) years old to use and access the Services and Content.
    • 2.2 Use of the Services may be prohibited in certain states, territories or countries. You are solely responsible for ensuring any use of the Services complies with any relevant law or regulation.
  3. User Account

    • 3.1 To access or use the Application, you mustregister aUser Account ("User Account").
    • 3.2 To register a User Account, you will be required to log in with your Facebook account. You agree to authorise the Application to use certain information from your Facebook account to build your User Profile, including your public profile, friends list and other information as detailed in our Privacy Policy.
    • 3.3 By registering a UserAccount, you warrant you are eligible to use and access the Services within the requirements in clause2.
    • 3.4 You agree not to transfer your User Account to any other person, or allow access to your User Account by another person. You are solely responsible for the conduct undertaken via your User Account and solely responsible for maintaining the security of your User Account.
    • 3.5 You agree to immediately notify us via at info@spotaapp.comof any suspected or actual disclosure of your login details, unauthorised use of your User Account or any other security breach relating to your User Account.
  4. Privacy

    • 4.1 We may collect information that may identify you ("Personal Information") in the course of your interactions with the Services, including when you register a User Account or otherwise communicate with us or other Users via the Services.
    • 4.2 We shall keep and maintain this Personal Information in accordance with our Privacy Policy. These Terms of Use also include our Privacy Policy, which is incorporated to these Terms of Use by reference.
  5. Use Of Services

    • 5.1 The Services are for personal, non-commercial use only.
    • 5.2 Your access to, and use of the Services is subject to conditions. Violation of any of the below conditions may result in Spota terminating your User Account, referring the matter to the relevant authorities and/or Spota taking other appropriate action in its sole discretion. The list at clause5.3 is non-exhaustive.
    • 5.3 You agree that by using the Services, you shall not:
      1. Use the Services for any purpose that is illegal, unlawful or prohibited by these Terms of Use;
      2. Upload content or communicate in a way that is violent, obscene, discriminatory, defamatory, infringing, hateful, objectionable, harassing, aggressive, pornographic, otherwise unlawful or prohibited by clause 5 of this Terms of Use;
      3. Engage in any commercial endeavors, advertising, soliciting of goods or services or other unauthorised commercial uses of, or connected with the Services and/or the Content;
      4. Interfere or attempt to interfere with, obtain or attempt to obtain unauthorised access to the Site, the Application, its application framework (API), the Content or any User Content through hacking, use of automated devices, scripts or bots, or other illegitimate means; and
      5. Interfere or attempt to interfere with the proper working of the Site or the Application, or with any other person’s use of the Services, including by transmission of viruses, malware or any code of a disruptive or destructive nature.
      6. Impersonate any person or entity, solicit money from other Users or engage in any fraudulent activities via the Services, either directly or via third-party software;
    • 5.4 You are to comply with all laws and regulations applicable to the use of the Services.
    • 5.5 You are solely responsible for your conduct in the course of using the Services, including any interaction with other Users or Spota. Spotais not required to become involved in any complaint or dispute arising between Users, but maintain the right to terminate any User’s access to the Services at Spota’s sole discretion.
    • 5.6 Spota does not conduct any verification processes, criminal screenings, background checks or other enquiries about its Users, however reserve all rights to conduct such checks at any time using available public records.
    • 5.7 You agree to take all necessary precautions when interacting with other Users, particularly in the event you decide to interact or communicate with another User off the Services or meet another User in person. Spota is not responsible for the conduct of any User, on or off the Services. You agree that you will follow Spota’s Safety & Conduct Policy at all times when using the Services and when meeting Users off the Services.
    • 5.8 Spota reserves the right to investigate and prosecute any violations of these Terms of Use to the full extent of the law, and may involve and cooperate with relevant authorities in order to do so.
  6. User-Generated Content

    • 6.1 You are solely responsible for any data, photographs, text, audio, video, usernames, profile information, links, comments, interactions or any other such content or material you submit or display publicly via the Services ("User Content").
    • 6.2 You warrant that your User Content does not contain:
      1. Any promotion or endorsement of mental, emotional or physical harm to yourself, others or animals, including but not limited to self-harm, eating disorders, drug abuse or gratuitous violence;
      2. Obscene, hateful, violent, bullying, discriminatory or threatening language, or any content that creates a genuine risk of personal injury or property damage or makes credible threats to people or public safety;
      3. Sexually explicit or pornographic content, any content that exploits or presents minors in a sexual way or intimate content uploaded without the subject’s consent;
      4. Illegal, false, fraudulent, misleading or deceptive conduct, including but not limited to blackmail, extortion, financial or personal scams and attempts to impersonate others on the Services;
      5. Content that infringes the personal or proprietary rights of others, including but not limited to intellectual property rights and rights to privacy;
      6. Content that expresses support or endorsement of terrorist or organized criminal activity, contains instructional information about illegal activities,
      7. Hate speech, including content that attacks people based on their race, ethnicity, religious beliefs, sexual orientation, nationality, sex or gender identity or any other discriminatory characteristic;
      8. Offers to buy or sell certain goods and services, including but not limited to regulated goods such as firearms, alcohol and tobacco, illegal and prescription drugs, gambling services and sexual or escort services; and
      9. "Spam", publicity or promotion of commercial activities or commercial content not specifically authorized byus with our prior written consent.
    • 6.3 You warrant that your User Content does not infringe legislation or regulations of any applicable jurisdiction (including without limitation the jurisdiction in which you are using the Services). You agree that any legal consequences arising from a claim or action for infringement of any such legislation or regulation are your sole responsibility and you are wholly liable.
    • 6.4 Spota takes no responsibility for User Content submitted via its Services, but maintains the right to remove, block, edit or monitor User Content at its sole discretion. Spotadoes not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Services.
    • 6.5 By uploading User Content via the Services, you warrant that you wholly own and control all applicable intellectual property rights in the content, or have the authority to submit or display that content.
    • 6.6 You shall retain ownership over User Content, however you hereby grant us a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide licence toreproduce, exploitor otherwise use your User Content uploaded via the Services.
    • 6.7 You further warrant the following:
      1. You will not infringe the rights of any other person or act in a way that constitutes a breach of any agreement you may have with any person by uploading and sharing User Content via the Services and any third party websites and online platforms;
      2. You will obtain all necessary authorities, licences, permissions, clearances, approvals and consents required to upload and share User Content via the Services including without limitation performers' protection consents and trade mark licences; and
      3. You shall not, or allow others to create, edit or manipulate your User Content for any illegal, unlawful or illegitimate means.
    • 6.8 Spota reserves the right, but is under no obligation, to monitor, edit or remove content and/or activity posted or displayed via the Services, whether publicly viewable or otherwise.
    • 6.9 You warrant that you have the full capacity to agree to be legally bound by these Terms of Use and to provide the warranties regarding User Content set out in clause 6 and elsewhere in these Terms of Use.
  7. Spota Intellectual Property

    • 7.1 The intellectual property in the Site, the Application, the Content, the application framework (API), including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyrights, compilations, algorithms and audio and video content, as well as the structure, layout, user interface and ‘look and feel’ of the Services ("Spota IP"), is exclusively owned and controlled by Spota and/or its third-party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights.
    • 7.2 You are not permitted to reproduce, display, remove, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, licence or otherwise exploit Spota IP unless you have the express written authorisation of Spota. Any unauthorised use of Spota IP by you is strictly prohibited.
    • 7.3 Notwithstanding clause 7.2, you are permitted to copy and print hard-copy portions of the Site for the purpose of informative and non-commercial purposes only. Any other use of Spota IP is strictly prohibited and subject to applicable laws governing intellectual property rights.
  8. Safety & Conduct Policy

    • 8.1 You agree that you will follow Spota’s Safety & Conduct Policy (link) at all times when using the Services and when meeting Users off the Services.
  9. Disclaimers & Limitation of Liability

    • 9.1 Spota, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates disclaim all warranties, guarantees, representations or specific promises as to the functionality, reliability or availability of the Services, including warranty of fitness for purpose, to the extent permitted by statute. Spota takes no responsibility for any error, interruption or defect resulting from technical fault or otherwise, and you acknowledge and agree that your use of the Services is on an "AS-IS" basis to the extent permitted by statute. Spota reserves the right to perform maintenance of the Services without notice to you.
    • 9.2 Spota makes no express or implied guarantees, warranties or representations as to the conduct of its Users or any relationship compatibility between Users.
    • 9.3 Any material downloaded or otherwise obtained via the Services is accessed at your own discretion and risk, and you will be solely responsible for any claims, losses or liability with respect to any damage or injury to your person, property or data.
    • 9.4 The Services may from time-to-time, host hyperlinksto third-party websites or host third-party information or content on the Services. All third party content is the responsibility of the respective authors, and Spota does not endorse or represent the views or opinions contained therein. Spota is notresponsible for any material contained on third-party websitesandany dealings between you and third parties are your sole responsibility.
    • 9.5 Spota is not responsible nor liable for any User Content that is created, or otherwise appears via the Services.
    • 9.6 Spota is not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise), consequential, exemplary or aggravated damages arising from:
      1. Your use of, or inability to use, the Services;
      2. The failure by Spota or other third parties to provide any information, service, feature or functionality via the Services
      3. The unauthorised submission of information to the Services;
      4. Statements or conduct of any third party using the Services; and
      5. Your use of third-party services in conjunction with the Services.
      6. Any communication or interaction between you and another User, whether via the Services, online or offline;
    • 9.7 You hereby acknowledge and confirm that you are on notice of Spota’sdisclaimer of warranties and limitation of liability set forth in these Terms of Use and that you expressly agree to these disclaimers and limitations as a condition of using the Services.
  10. Indemnities

    • 10.1 You agree to indemnify and hold Spota harmless from any and all demands, injury, loss, liability, claims or expenses (including indirect and consequential losses and legal fees on a full indemnity basis) made against Spota by you or any third party due to, arising out of, or in any way connected to any of the following:
      1. Your access to and/or use of the Services;
      2. Uploading User Content via the Services or sharing User Content on third party websites;
      3. Breach or alleged breach of these Terms of Use;
      4. Violation of any third-party right, including any intellectual property right, confidentiality, property or right to privacy;
      5. Violation of any laws, rules, regulations, statutes or order of any governmental and quasi-governmental authority;
      6. Any communication or interaction between you and another User, whether made via the Services, online or offline;
      7. Any misrepresentation made by you to a third party; and
      8. Any information submitted to Spota via the Services or other communications.
  11. Jurisdiction / Choice Of Law

    • 11.1 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms of Use or relating to the use of the Services will be resolved exclusively in the Supreme Court of Victoria or applicable lower court, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
  12. Termination

    • 12.1 You agree that Spota may terminate access to the Services provided to you at any time, at oursole discretion, without notice to you, if wehave reason to believe that you have failed to comply with these Terms of Use, or for any other reason.
    • 12.2 You may wish to terminate this agreement under these Terms of Use, by ceasing to use the Services at any time and deleting the Application. Upon deleting the Application, you agree that you will cease to have access to all User Content uploaded by you to the Application and that Spota shall be under no obligation to store your User Content and to provide you with future access to such User Content.
    • 12.3 Notwithstanding clauses 12.1 and 12.2:
      1. Any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy; and
      2. We may store any User Content on our servers at our discretion, whereby our rights under clause 6.6 shall continue in perpetuity.
  13. Miscellaneous

    • 13.1 You are not permitted to transfer or assign these Terms of Use, or any of your rights or obligations under these Terms of Use. Spota is free to assign these Terms of Use and its rights and obligations under these Terms of Use at its discretion.
    • 13.2 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use, but these Terms of Use shall be construed as if such provisions had never been contained herein.
    • 13.3 Spota shall not accept any counter-offers to these Terms of Use.
    • 13.4 The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.