Terms & Conditions
Updated: 26th April 2021
The following provisions govern your use of www.spottome.com (the “www.spottome.com Web Site”) and all other services made available to you through the www.spottome.com Web Site including the www.spottome.com web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE www.spottome.com Web Site. By using the www.spottome.com Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and Spotto Me Pty Limited (ACN 57 601 825 156) of PO Box 144 Kings Langley NSW 2147, Australia (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the www.spottome.com Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the www.spottome.com Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the www.spottome.com Web Site, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the www.spottome.com Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the www.spottome.com Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the www.spottome.com Web Site, including in any directories, is true, complete and correct.
Use of the www.spottome.com Web Site
Expect as required by the Consumer Guarantees, your use of the www.spottome.com Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the www.spottome.com Web Site. Neither we nor anyone else involved in creating, producing or delivering the www.spottome.com Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the www.spottome.com Web Site.
You must not use any means of automatically searching or mining data from the www.spottome.com Web Site or in any way interfere or attempt to interfere with the proper operation of the www.spottome.com Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the www.spottome.com Web Site, our systems or data or those of any third party via the www.spottome.com Web Site.
We strive to provide valuable and accurate information. The editors of the material contained in the www.spottome.com Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the www.spottome.com Web Site neither we nor any other party involved in the preparation of material contained in the www.spottome.com Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on the www.spottome.com Web Site or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the www.spottome.com Web Site or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directory to provide accurate information and assume no responsibility for verifying the information provided. Use of our directory to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the postajob / Get Quotes service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
The www.spottome.com Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the www.spottome.com Web Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
Waiver, Release and Limitation of Liability
Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the www.spottome.com Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the www.spottome.com Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$50. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the www.spottome.com Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the www.spottome.com Web Site, or resulting from the act or omission of any other party involved in making the www.spottome.com Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the www.spottome.com Web Site or that information, except to the extent we acted negligently or engaged in wilful misconduct.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
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 any 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 www.spottome.com: 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.
Advertisers and sponsors of the www.spottome.com Web Site and/or its e-newsletters have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the www.spottome.com Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia.