Consumer Terms and Conditions

Spotpass

1.              Overview

(a)          Spotpass Pty Ltd, ACN 645 095 101 (also us, our, we, Spotpass) provides a service that lets you quickly make payments to us to gain access to content (Content or Publishers Content), which we will pass on to relevant publishers (Publishers or Content Producers), minus our fees (the Service).

(b)          Our privacy policy, which you can find at https://www.spotpass.io/policies/privacy/, forms part of these terms and conditions (collectedly, referred to as Terms).

(c)           To use our Service, you must create an account (Spotpass Account), and in so doing, indicate that you agree to these Terms.

(d)          We may make changes to these Terms from time to time. If you register your email address with us, then we will use our best effort to inform you of any changes to these terms via your email address.

(e)          Your continuing use our Service after our Terms have changed, even if we haven’t been able to inform you, will be taken as your acceptance of those new Terms.

(f)            For clarity Spotpass is not a Publisher or Content Producer and any queries you have relating to the Publisher Content, it should be directed to the Publisher themselves and not Spotpass.

2.              How Spotpass Works

(a)          Spotpass allows you to make small payments, called Spot Payments, which allows you to easily access paid content from a range of Publishers. We separately pay the relevant publisher for having granted access to the Publisher Content, minus our fees.

(b)          These Spot Payments are charged to your Spotpass Account, which is described in section 3 of these Terms.

(c)           The value of a Spot Payment is set by the Publisher, but the maximum value of a Spot Payment is set by Spotpass, and  this value may change from time to time.

(d)          Publishers may, at their discretion, offer to make select Content available to you by presenting you with an offer (Spotpass Offer or Offer), which is represented on the Publisher’s website by a Spotpass Offer button.

(e)          The Publisher may offer you:

(i)       Access only to the specific Content on which the Spotpass Offer was made, in exchange for a single Spot Payment, we call this Spot Access;

(ii)      Access to multiple articles of select Content for a period of time (for example, a day or a week), in exchange for a single Spot Payment, we call this a Spot Pass; or

(iii)     The ability to support or make a donation to the Publisher. In this case, you acknowledge that the Publisher’s Content is freely available, and you do not expect anything in exchange for your Spot Payment, we call this a Spot Donation.

(f)            When you click on a Spotpass Offer button, Spotpass will show you the terms being offered by the Publisher, and you will be asked to either accept or decline the Offer, which you can do at your discretion

(g)          If you have purchased a Spot Pass and click on a Spotpass Offer button while the Spot Pass is still valid for that Content, we will inform the Publisher that you have a valid Spot Pass for that Content and the Publisher will be responsible for granting access to the Content.

(h)          If you have any issues with the Content delivered to you, we request that you contact the Publisher first, as we are not in control of the content offered

3.              Your Spotpass Account

3.1   Account Registration

(a)          In order to be able to view the details of an Offer or to accept an Offer, you must first register an Account with Spotpass through the platform (Spotpass Portal).

(b)          To register an Account with Spotpass, you must:

(i)       Have the legal right and ability to accept these Terms.

(ii)      Have the legal right to the use of the mobile phone number, email address or other information you provide to us for registration purposes.

(c)           We reserve the right to refuse to register any Account for any reason at our sole discretion.

3.2   Spotpass Account

(a)          You are welcome to use your Spotpass Account to make Spot Payments to access  Publishers Content until the value of your Spotpass Account reaches the pre-set limit, that is determined by Spotpass (Pre-Set Limit).

(b)          The value of the Pre-set Limit applied to your Spotpass Account may change from time to time.

(c)           Once your Spotpass Account reaches your Pre-Set Limit, Spotpass will prevent you from making any further Spot Payments until you settle your Spotpass Account.

(d)          From time to time, Spotpass may, at our discretion, provide you with complementary funds or other benefits which will allow you to use Spotpass to accept Offers and access Content beyond your Pre-Set Limit. These complimentary funds cannot be refunded to you, or transferred and are for use solely via your Spotpass Account.

 

3.3   Settling your Spotpass Account

(a)          Your Spotpass Account represents the total Spot Payments which you have made to us, but have not yet Settled.

(b)          Once your Spotpass Account reaches the Pre-set Limit, you will not be able to use Spotpass to make any further payments until you have settled your Spotpass Account.

(c)           To settle your Spotpass Account, you must make a card payment or other kind of payment through the Spotpass Portal for the settlement amount.

(d)          By settling your Spotpass Account, you accept that all Content to which the payment applies has been successfully delivered to you, and you forfeit the right to claim that any such Content has not been so delivered.

3.4   Automatic Settlement

(a)          Spotpass may give you the option to enable the settlement of your account automatically, by storing your preferred payment method with our Provider (Settlement).

(b)          Spotpass may use a third-party Provider to collect your card payment. By using the Spotpass Service to settle your account you acknowledge and agree to the third-party’s Providers terms and conditions which can be found here.

(c)           By choosing to enable Automatic Settlement, you agree to allow Spotpass to settle your account, by deducting the required amount using your preferred payment method when the Account is within 20% of the Pre-Set Limit, without notice to You.

(d)          Spotpass may notify you after any successful or unsuccessful Automatic Settlement attempted by Spotpass, unless you have opted out of being notified.

(e)          Spotpass reserves the right to limit the frequency and value of Automatic Settlements performed on your behalf and may notify you of those limitations before they are implemented.

(f)            Spotpass may refuse to Automatically Settle your account for any reason, including but not limited to operational and security reasons, and we do not guarantee that your account will remain settled despite a request for Automatic Settlement.

3.5   Maintaining Your Spotpass Account

(a)          You are responsible for maintaining the confidentiality and integrity of your Spotpass Account.

(b)          You agree that if the information that you provide to us is inaccurate or is or becomes out of date, you may not be able to use all or any of the features of the Service.

(c)           You agree to use the Service in a manner consistent with the laws, regulations and Spotpass policies as applicable from time to time.

3.6   Refunds

(a)          When you settle your Spotpass Account, you agree that such settlement is for Content and Services which have already been delivered to you. You also acknowledge that your Account includes a Pre-Set Limit which is extended at Spotpass’ discretion. Therefore, if you cancel your Spotpass Account, or if we cancel your Spotpass Account as a result of you breaching these Terms, then any payments paid in settlement to Spotpass are not refundable.

(b)          Spotpass does not provide refunds for Spot Payments. However, if you believe that you have made a Spot Payment for Content which was not subsequently delivered, then you must contact the Publisher of the Content. If after doing so, the Publisher has not delivered the Content we request that you make a report (Spot Payment Report) in the Spotpass Portal.

(c)           Spotpass regularly reviews Spot Payment Report submissions, and may, at our sole discretion and without obligation, provide complimentary spotpass funds, feedback and other incentives in response to such reports. The complimentary funds or incentives will be in full and final satisfaction of any claims contained in the Spot Payment Report submissions.

4.              Communication

4.1   Essential Communication

(a)          Essential Communication is any communication we consider necessary for the correct operation of Spotpass, including (but not limited to) communication intended to:

(i)       Verify that you are the holder of the mobile phone number, email address or other information that you have provided to us;

(ii)      Notify you when the balance on your Spotpass Account is getting low;

(iii)     Inform you of payments made with your Spotpass Account; and

(iv)    Alert you to technical, security or other problems or potential problems with your Account.

(b)          You agree that we may use the information you provide during the registration of your Spotpass Account or at other times in order to contact you to provide Essential Communication. This includes your mobile phone number, email address, push notification identifiers, or other information.

(c)           You may not opt-out of Essential Communications, but you may be able to alter the way in which they are delivered by indicting your preferences in the Account preferences section of the Spotpass Portal.

(d)          Due to the nature of Essential Communications, Spotpass retains the right to override your stated preferences if we believe that doing so is necessary to ensure the successful delivery of the Essential Communications.

4.2   Non-Essential Communication

(a)          Spotpass may send you marketing, promotional, informational or other material using the information you provide during Account registration or at other times.

(b)          You may opt-out of receiving these communications, or alter the way in which they are delivered, by updating your Spotpass account preferences in the Spotpass Portal.

5.              Our Relationship with Publishers

(a)          In order to facilitate your access to Publisher Content we act as an e-commerce provider, but we are not in any other way associated with the Publishers who make content available via the Service.

(b)          We are not responsible for and have no control over the use of the Service by Publishers.

(c)           We are not responsible for, do not endorse, and have no control over any Content prepared and made available to you by Publishers.

(d)          We are not responsible for the delivery of Content made available to you by Publishers.

(e)          The Publisher is solely responsible for any Publisher Content you may access via the Service and we are not responsible for the relationship or any contracts between you and the Publishers.

6.              No Right to Use

(a)          Spotpass reserves the right to disable access to, or otherwise prevent your use of our Service, at our sole discretion and for any reason, including but not limited to:

(i)       Breach of these Terms, or of the law, in any jurisdiction in which you, Spotpass or a Publisher (if applicable) are operating at the time of the breach;

(ii)      Use of the service other than through the official Spotpass user interfaces;

(iii)     Bulk, automated or coordinated creation of Accounts, or acceptance of Offers, through the use of devices, scripts, bots, human task services or any other means;

(iv)    Use of the Service for fraud, or attempted fraud;

(v)     Attempted or actual interference or disruption of the Service, or interference with other Users of the Service, including Publishers;

(vi)    Acting in a way, or accessing content which could:

(A)   be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;

(B)   Infringe the intellectual property or privacy rights of any other person;

(C)  cause us to breach or to be taken to breach a law;

(D)  would bring us into disrepute;

(E)   interferes with the integrity or supply of the Service to other users; or

(F)   encourages or facilitate violations of the Terms.

(b)          If we, at our sole discretion, determine that your access to Spotpass should be disabled or restricted, Spotpass may use technical means, including but not limited to Account suspension, block lists (including IP, E164, email and other forms of block list), Cookies, algorithmic and other means to prevent you from accessing Spotpass.

7.              Privacy

(a)          Spotpass handles the information it collects from you in accordance with our Privacy Policy, available here.

(b)          You agree to only provide Spotpass with Personal Information that you have consent from the relevant individual to disclose or share with us.

8.              Currency Conversion

(a)          Our Service facilitates dealings between Publishers who may prefer to pay and handle payments in a currency (Publisher’s Currency) that is not your home currency, which may require currency conversions to accommodate these differing currency preferences.

(b)          When making a Spot Payment for access to content from a Publisher who uses a currency other than your home currency:

(i)       The Spotpass Offer, as displayed on the Publisher’s Content, will be displayed in the Publisher’s Currency.

(ii)      When selecting an Offer, Spotpass will display a proposal in both the Publisher’s Currency and your home currency.

(iii)     The rate at which the Publisher’s Currency is converted to your home currency is determined by Spotpass from time to time, at our sole discretion.

(iv)    All Spotpass transactions are deducted from your Spotpass Account using your home currency.

(c)           You acknowledge that, when settling a Spotpass Account with an international card, the card scheme and the Card Issuer may charge fees to you for foreign exchange and or surcharges, for which Spotpass are not in control and have no liability for.

9.              Intellectual property rights

(a)          We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Service and in or to the materials made available to you in providing the Service (together, the Service Content).

(b)          Your use and access of the Service does not grant or transfer any rights, title or interest to you in relation to:

(i)       the Service Content; or

(ii)      the Publisher Content made available to you by your use of the Service.

(c)           You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Service Content, any other material in whatever form contained within the Service or any Publisher content, except as provided for under these Terms.

10.           Third Party Links

The Service may contain links and other pointers to Internet websites or applications owned and operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

11.           Disclaimer

To the fullest extent permitted by law, you agree and acknowledge that:

(a)          the Service is provided “as is” and “as available” and the entire risk arising out of your use of the Service remains solely with you;

(b)          we retain complete control over the Service and may alter, amend or cease the operation of the Service in our sole discretion;

(c)           we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Service; 

(d)          we make no warranty or representation that the Service will be continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and

(e)          you are responsible for considering the appropriateness of the Service, its services and any Service Content, for your intended application and use and we give no warranty, guarantee or representation that the Service, its services or the Service Content is suitable for or meets your requirements.

12.           Exclusions and limitation of liability

(a)          To the fullest extent permitted by law, we are not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:

(i)       your access to and use of the Service and Service Content;

(ii)      your inability to access or use the Service and Service Content;

(iii)     any interactions between Users and Publishers;

(iv)    any User breaching or failing to comply with any applicable laws;

(v)     unauthorised creation, access or use of your personal information, Account or your User Content,

      even if we have been advised of the possibility of such loss.

(b)          To the fullest extent permitted by law, we exclude:

(i)       liability for special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and

(ii)      all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

(c)           Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 12(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:

(i)       the re-supply of the services or products; or

(ii)      the payment of the direct cost of having the services or products resupplied.

13.           Indemnity

(a)          You agree to indemnify us for any reasonable loss, claims and expenses (including reasonable legal costs) incurred by us arising out of your use of the Service and access to Publisher Content, as a result of your breach of the Terms or any rights of third parties.

(b)          We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

14.           Dispute resolution

(a)          The parties must use reasonable endeavours to resolve any dispute through negotiation.

(b)          If the dispute cannot be negotiated between the parties within 30 days of the dispute arising, either party may commence proceedings.

 

15.           Termination

(a)          Each party has a right to terminate this Agreement at any time.

(b)          Users may terminate this Agreement by using the close account facility in settings on the Spotpass Portal. Termination will be effective immediately and we will disable your profile as soon as practicable.

(c)           We reserve the right to cease operating the Service, without notice and for any reason and may terminate our relationship with you with immediate effect if you, in any way, breach these Terms.   

(d)          On expiry or termination of these Terms:

(i)       access to your account will expire or cease; and

(ii)      you will not have any access to the Service or Publisher Content through the Service, except to the extent that you have already paid for Publisher Content.

(e)          We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Service.

16.           General

16.1        Variation

We may vary, amend or otherwise modify these Terms at any time. We will publish the new Terms on the Service at which time they will be effective. Your continued use of the Service following the posting of the new Terms constitutes your acceptance of the new Terms.

16.2        No Waiver

No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

16.3        Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

16.4        Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria for determining any dispute concerning these Terms.

16.5        Contact us

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Service and our Service (Feedback). You may submit Feedback by contacting us via customerservice@spotpass.io

 

This Policy was last updated: 26th May 2021