Terms and Conditions – Service Provider 

Updated: 23rd April 2021

Table of contents

1. Glossary of terms
2. Listings
3. When you submit a Listing
4. Special Listings / Vouchers
5. Payment
6. Customer Data Restrictions
7. Customer Reviews and use
8. Promotional Programs
9. Terms of Termination
10. Marketing
11. Confidentiality
12. Other

1. Glossary

“LISTINGS” refers to the listing loaded onto the website under “listings”.  

“CLAIM LISTING” refers to the button and form located on the website for owners to take ownership of their listing that has been loaded onto the website on their behalf.

“SERVICE PROVIDER OFFERING” means the goods and/or services to be provided by the Service Provider, stated on the Voucher as presented by Spotto Me. Values determined by Service Provider.

“REMITTANCE AMOUNT” means the amount Spotto Me shall remit to Service Providers for each Voucher, subject to the payment terms.

“FINE PRINT” means the conditions and restrictions concerning Voucher redemption and the Service Provider Offering stated on the Website and Voucher.

“SPECIAL LIST” refers to the website page where all the Vouchers/offers are listed.

“SERVICE PROVIDER BANK ACCOUNT” refers to the merchant (the Service Provider) chosen bank account for deposits.

“MERCHANT” also refers to the “SERVICE PROVIDER”

“CUSTOMER DATA” refers to all identifiable information about purchasers generated or collected by Spotto Me or Merchant, including, but not limited to, purchasers’ name, shipping addresses, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data.

“TERM” refers to the time the contract is in place between two parties.

2. Listings

Definitions:

“ACCOUNT”: means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;

“CONTENT”: means any text, graphics, images, audio, video, software, data complications and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

“LISTING”: Means a directory listing posted on our website by a user or one of our staff members which shall provide details of the Service Providers business details, including and not limited to contact details.

“LISTED BUSINESS”: means any listing that features a business.

“SUBSCRIPTION”: means the fee paid to post a listing.

“USER / USERS”: means any Service Providers or Members that access the website and is not employed by Spotto Me.

“WEBSITE”: means the website that you are currently using https://spottome.com/

3. Listing on the Website

• All new listings will be checked by administration at Spotto Me before the listing goes live on the www.spottome.com web site. This is so we can check that all links are working, images are visible, and proof-read all content. If the address provided is not a physical address, we will contact you to verify.
• We aim to approve all listings within 72 hours of receipt, and often much sooner. If there are any problems with the listing we will contact you on the email address provided.
• It is your responsibility to update your Listings should any information change.  If you no longer sell or manage the service or product listed or any details change it is your responsibility to inform us immediately in writing to connect@spottome.com
• In the event that a listing has been loaded onto the Spotto Me website as a recommendation from one of our staff or a member you are able to view and claim your listing from the website at the “CLAIM LISTING” button.  This will be verified by administration and approved within 48 hours.
• We reserve the right to reject any Listings that we do not deem appropriate for the site. In this case any money paid as part of the Subscription will be refunded, less any cost incurred due to banking fees and taxes. 
• If you wish to cancel your membership at any time you must notify us in writing at connect@spottome.com no later than 14 days before the renewal period. Should you not make payment by renewal date your listing/s will be removed or hidden until we receive payment from you.
• If you cancel your listing/membership half way through a membership period you will not be entitled to a refund or the time remaining.

4. When submitting your listing

• When submitting a Listing to the Website you should do so in accordance with the following rules:
• Your Listing must be placed into the appropriate category. Spotto Me  reserves the right to change this category should they deem another category to be more appropriate
• You acknowledge that Spotto Me or any of its editors shall screen, approve (or reject), edit and/or remove any Listing submitted to the Website.
• Spotto Me may edit your Listing without prior consultation.  In cases of severe breaches of the provisions of sub-Clause (your Listing may be removed and your Account may be suspended or terminated.  You will be informed in writing of the reasons for any such alterations or removals)
• In order to submit a Listing, you are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that: any information you submit is accurate and truthful and you will keep this information accurate and up-to-date.
• By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it.  Spotto Me accepts no responsibility or liability for any infringement of third party rights by such Listings or Content.
• Spotto Me will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings.  Use of and reliance upon Listings is entirely at your own risk.
• In order to post a Listing on this Website you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that: all information you submit is accurate and truthful and you will keep this information and up-to-date.
• A Listing Fee will be charged for each Listing you post on this Website. Current listing fees are available on the website at “Add Listing” button
• Subscription will be processed at time of submitting the listing. 
• Should an increase in price be necessary you will be notified 30 days prior to your renewal date of such an increase and have the option to cancel your Listing.
• If you terminate a Listing and/or your Account, your Listing(s) will be removed at the end of the paid term unless you request them to be removed sooner.

5. Payment

• Amounts retained by Spotto Me from the proceeds of the Service Provider Offering  are compensation to Spotto Me for marketing, promoting, and advertising the Service Provider Offering and distributing the Vouchers on behalf of the Service Provider. The Service Provider shall retain the Remittance Amount in trust for the benefit of purchasers holding unredeemed Vouchers until the Service Provider delivers the Service Provider Offering.
• Spotto Me is authorised to initiate a credit transaction entries to the Service Providers depository account at the financial institution of their choice and named in the signed agreement or otherwise provided to Spotto Me by the Service Provider in writing (“Merchant Bank Account”). Only in the event of an error is Spotto Me authorised to make an adjustment to the Merchant Bank Account to correct any error. Payments of Vouchers can take up to 14 days to appear in the relevant, authorised bank account of the Merchant Bank Account after processing.
• The Service Provider (“Merchant”) will not attempt to bill or collect reimbursement from any third-party payor, including but not limited to any insurer, health insurance plan, Medicare, Medicaid or any other federal, stage, provincial, territorial or local government program or entity of Merchant Services.  The Service Provider will accept the amounts received from Spotto Me as payment in full for all services provided by the Service provider pursuant to the Service Provider offering.  The Service Provider {“Merchant”), is solely responsible for complying with contractual requirements imposed by its contracts with third-Party payers, including but not limited to requirements related to offering discounted services.
• It is the Service Provider’s responsibility to determine what, if any, taxes apply to the payments the Service Provider makes or receives, and it is the Service Providers responsibility to collect, report and remit the correct tax to the appropriate tax authority. Spotto Me is not responsible for determining whether taxes apply to the Service Providers Transactions.  All Vouchers/Offering must include the relevant tax and to the tax amount is to be determined by the Service Provider.
• The Service Provider bears sole financial responsibility for any and all sales, use, excise, general, GST, VAT or any other taxes including interest penalties and additional related taxes imposed on or arising from the transitions contemplated by this Agreement between Spotto Me and the Service Provider (“Merchant”). Tax rates are subject to change, if applied, will be calculated at the time of each payment using the rates in effect under current law.
• Spotto Me will have no obligation to advance amounts that have been paid to Spotto Me by the purchaser until the Service Provider has complied with the Service Provider obligations under this Agreement. If Spotto Me reasonably believes that the Service Provider (“Merchant”), has breached any provision of this Agreement, Spotto Me may offset delay, withhold or suspend future payments to the Service Provider, in Spotto Me sole discretion. Spotto Me is authorised to offset, delay, withhold, or suspend future payments to Service Provider in addition to such other remedies as may be available under this Agreement or at law, to secure payment from Merchant for any refun

6. Customer Data Restrictions

• The Service Provider (“Merchant”) shall use Customer Data only to fulfill its redemption obligations in connection with the Service Provider Offering as authorised by this Agreement. The Service Provider expressly agrees that any Customer Data shall be used only for this purpose (including, but not limited to, the redemption of Vouchers and provision of goods and services to purchasers), and not to enhance a file or list owned by Service Provider, or any third party. The Service Provider represents, warrants and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose, unless required by applicable law. 
• If the Service Provider engages any third-party to facilitate its redemption obligations hereunder, Service Provider shall ensure that such third-party implements and complies with reasonable security measures in handling any Customer Data. If any Customer Data is collected directly by Service Provider or a third-party engaged by Service Provider to facilitate its redemption obligations hereunder, the Service Provider shall ensure that it or such third party adopts, posts and processes the Customer Data in conformity with its posted privacy policy and all applicable laws.
• As long as the Service Provider uses Customer Data in compliance with applicable law and the Service Providers posted privacy policy, restrictions stated in this Agreement on the Service Providers use of Customer Data do not apply to: (i) data from any purchaser who is already a customer of Service Provider (“Merchant”) before the Effective Date, if such data was provided to Service Provider by such purchaser independent of this Agreement or any transaction hereunder; or (ii) data supplied by a purchaser directly to the Service Provider who becomes a customer of Service Provider in connection with such purchaser explicitly opting in to receive communications from the Service Provider.

7. Customer ratings and reviews of use:

We encourage you to leave feedback and reviews on all our service providers. 

All submitted content is subject to these terms and conditions.  If we decided that the feedback or the review is not following or suitable we will remove the content from our website.

• You are the sole author and owner of the intellectual property rights of the content of your review and that the content of your review does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of the publicity or privacy.
• For any content that you submit, you grant Spotto Me a perpetual, irrevocable, royalty free, transferable right and licence to use, copy,  modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/pr incorporate such content into any form, medium or technology throughout the world without compensation to you.
• All “moral rights” you may have in such content have been voluntarily waived by you (including rights of attribution or integrity) that may subsist in your content and agree you have no objection to the publication, use, modification, deletion or exploitation of your content by Spotto Me.
• You are at least 18 years of age if completing a review for an experience that includes alcohol.
• You have not been compensated or granted any consideration by ay third party for your review, and that you are providing your review in good faith and in the spirit in which the process is intended.
• The content you provide to RedBalloon: is not false, inaccurate or misleading; does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) does not contain any content which is defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
• The content you provide does not contain any of the following types of content or violates other guidelines: Obscenities, discriminatory language, or other language not suitable for a public forum; advertisements, “spam” content, or references to other products, offers, or websites; email addresses, URLs, twitter handles, phone numbers, physical addresses or other forms of contact information; critical or spiteful comments about other reviews posted on the page or their authors.

8. Promotional Programs

• In an effort to incentivise Voucher Sales, the Service Provider (“Merchant”) authorises Spotto Me, at any time and in Spotto Me sole discretion, to increase or decrease the Amount Paid for the Service Provider Offering.  Spotto Me will make an effort to contact the Service Provider before the publication of any promotion programs. 

(01) – Promotional Codes – A “Promotional Code” is a code that purchasers may use, in Spotto Me sole discretion, to receive a discount on the Amount Paid for a Merchant Offering.

(02) – Price Optimisation – “Price Optimisation” is any change (excluding Promotional Codes) to the Amount Paid for a Merchant Offering.

9. Term and Termination

• This agreement will continue in effect until terminated by either party in accordance with this secio (“Term”).  Spotto Me is authorised to terminate this Agreement, at any time for any reason, upon written notice to the Service Provider (“Merchant”). The Service Provider is authorised to terminate this Agreement upon seven (7) business days prior written notice to Spotto Me.  Termination of this Agreement will not in any way affect the Service Provider’s (“Merchant”) obligation to redeem any Voucher according to the terms of this Agreement, including the obligation to honor the Voucher for the Amount Paid after the Expiration Date.  Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.

 10. Marketing

• Spotto Me and its business partners may communicate with the Service Provider (“Merchant”) with regard to products, promotions, and other services that may be of interest to the Service Provider (“Merchant”). This may include email or other communications. Spotto Me may also solicit the Service Providers opinion for market research purposes.

 11. Confidentiality

• The terms for the Service Provider Offering described in this Agreement are confidential, and Service Provider agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if the Service Provider has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, Spotto Me is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).

 12. Other

The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.

This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

The Service Provider is not authorised to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without Bespoke Sots prior written consent. Any waiver must be in writing and signed by an authorised signatory of Spotto Me. Spotto Me is authorised to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganisation or sale of all or substantially all of the assets or business, or by operation of law, without notice to the Service Provider.

• If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.
• Except as expressly stated in this agreement, neither party makes any representations or warranties, express nor implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Spotto Me does not warrant or guarantee that the services offered on or through the website will be uninterrupted or error-free, that the vouchers are error-free, or that any merchant offering will result in any revenue or profit for the service provider.