Terms & Conditions
- User agreement
1.1 This agreement is between you and Spot On Local Pty Ltd (referred to in this document as “Spot On Local”, “us” or “we”).
1.2 By visiting and/or using the Spot On Local web site (the “Web site”) you agree to be bound by the terms of this agreement (“agreement”).
1.3 We may modify our terms and conditions without notice at any time where such amendment does not substantially affect your rights and obligations. If such changes of our terms and conditions substantially affect your rights and obligations we will notify you by way of email.
- Registration
2.1 In order to participate (and access any other features of the Web site), you need to be a registered member or registered visitor of Spot On Local.
2.2 When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address. You agree to provide accurate and complete information and to keep this information current. Your information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (support@spotonlocal.com.au). We are not liable for any unauthorised use of your account.
- Capacity
3.1 By making a purchase through the Web site you warrant that you are over 18.
3.2 By contacting and using Spot On Local or any of Spot On Local Pty Ltd services/and or products you warrant that you do so with authorisation by the business or company that you represent.
- Web site changes
4.1 We reserve the right to change, alter, vary or amend the Web site at any time.
4.2 We may in our sole discretion terminate your account or restrict your access to the Web site. If we do this, you may be prevented from accessing all or parts of the Web site, your account details, or other content contained in your account.
- Disclaimer
5.1 The prices that are listed at the time of your order on the product page apply. The prices are final prices and will indicate if they are inclusive of GST (where relevant).
- Faulty Products
6.1 To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Web site including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the Web site;
you acting, or failing to act, on any information contained on or referred to on the Web site and/or any linked web site;
any interruption or cessation of transmission to or from the Web site;
any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our web site by any third party; and/or
the merchantability or fitness for any purpose of any good or service of any linked Spot On Local Pty Ltd;
6.2 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
in the case of goods:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and in the case of services:
the re-supply of the services, or
a refund of the purchase price paid.
6.3 Where a member offers for sale on the Web site goods or services and as a result of the interaction between the member as seller and the buyer there is a claim or action or demand made to Spot On Local then the selling member shall indemnify and keep indemnified Spot On Local against all monies paid or payable pursuant to such interaction.
- Use of Web site by you
7.1 You agree not to access (or attempt to access) any part of the Web site by any means other than through the interface provided by us.
7.2 You agree not to load any virus intentionally or unintentionally, negligently or despite good faith and practices, and undertake that costs incurred by us to remove viruses shall be invoiced to you and paid by you within seven (7) days.
7.3 You agree that you will not engage in any activity that interferes with or disrupts the web site or the servers and networks that host the Web site. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Web site except with our prior written consent.
7.4 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the web site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the web site or the content therein.
7.5 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
7.6 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.7 We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.
7.9 You shall ensure that the operating system that you use to interact with the website shall be compliant with our listed requirements, and those listed requirements are available from us on request to support@spotonlocal.com.au
- Information on this Web site
8.1 Information about goods and services on the Web site is based on material provided by third party businesses (“merchants”). We may or may not verify the information provided to us by merchants and we cannot guarantee its accuracy.
8.2 All information placed on the website by you shall be proper and in conformity with reasonable community expectations as within the sole discretion of us.
8.3 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
8.4 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8.5 Spot On Local takes no responsibility for images and content provided by members, that is in turn added to their spot within the website and marketing. All images and content provided are at the discretion and responsibility of members that provide it.
- Price
9.1 The prices of products, delivery and other charges shown are in Australian dollars and will indicate if they are inclusive of GST (where applicable).
Prices of products and services are current at time of display but are subject to change.
- Payment
10.1 All payments must be received in full prior to membership or purchase confirmation being issued.
If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ any product or service on your behalf.
- Supply of product
11.1 We make no guarantee, warranty or representation regarding the standard of any product to be provided.
11.2 Memberships cannot be exchanged or redeemed for cash.
11.4 We are not responsible for lost or stolen accounts/memberships or fraudulent use of unique reference number.
- Meetings & Events
12.1 Meetings & Events held by Spot On Local are voluntary, however encouraged. You agree that Spot On Local will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with the Meeting, Event or Venue.
- Important information relating to health or nutritional products
Nothing contained on this web site is intended to be or should be taken for medical diagnosis or treatment.
13.1 The information and statements provided through any part of Spot On Local with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure, or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
13.2 Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via any part of Spot On Local.
13.3 You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
13.4 All information in any part of Spot On Local is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels.
13.5 Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding any health or nutritional related treatment or condition.
- Bookings and warrantees
14.1 Spot On Local holds no warrantees or responsibilities for products or services that are offered by any businesses that are connected or listed on Spot On Local.
14.2 We do not guarantee that services will be available at your preferred date and time.
14.3 Bookings are made subject to any supplier policies.
- Complaints or problems
15.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant.
15.2 If you wish to make a complaint, you must email that complaint to support@spotonlocal.com.au and it will be urgently actioned.
15.3 Notwithstanding the nature of the complaint, Refunds will only be provided upon a case by case scenario and are you agreeance that any refund of service or product directly from Spot On Local is completely at the discretion of Spot On Local.
- Liability
16.1 All information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the web site are the sole responsibility of the person from whom such content originated.
16.2 You understand that we do not control and are not responsible for content made available through the web site unless it originates from us. Consequently, by using the web site you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the web site at your own risk.
- Links to third party web sites
17.1 The web site may include links to other web sites, content or resources. These linked web sites, content or resources may be operated by third parties and we may have no responsibility or control over them.
17.2 The existence of these links does not imply that we endorse the linked websites, content or resource. You acknowledge that we have not reviewed any of these third party web sites, content or resources and we are not responsible for the material contained therein.
- Intellectual property
18.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the web site that belong to third parties are used with their consent and remain the intellectual property of that party.
18.2 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website and developing your ideas and suggestions for improved products or services we provide.
- Change of Control
19.1 Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Web site, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.
- Indemnity
20.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
- Communication by us
21.1 As a condition of registering to Spot On Local, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- ‘Administrative Emails’ involve details of account activity and purchases you have made.
- ‘Promotional Emails’ consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.
- Member Terms & Conditions
22.1 Any Terms and Conditions of the specific member/business listed on Spot On Local will always apply in addition to any specific terms stated by Spot On Local. For example, if a member/business provides a deal or service marketed through Spot On Local you must also make yourself aware to that businesses separate terms and conditions which may still apply.
- Promotional Material
23.1 From time to time you may receive promotional material, events and new member updates.
- Governing Law
24.1 This agreement will be governed by and interpreted in accordance with the laws of Queensland. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland.
- Tier Membership Information
25.1 All information uploaded by a member as to their own self or entity of membership shall be in accordance with usual business expectations and demeanour, and the member acknowledges that the Spot On Local may amend or delete entries that are not in accordance with the business community expectations of the Spot On Local.
- Contact
If you require further information regarding our Privacy Policy, please contact us at the following email address: support@spotonlocal.com.au
- Acceptance
You accept that your use of this website and any engagement with Spot On Local includes your acceptance of this Privacy Policy and our Terms of Use.