TERMS OF USE

For the purposes of these terms of use (“Terms”), the words "Hotspot", "We", "Our",  "the Company" and "Us" refer to Misha Cajic trading as Hotspot and its related bodies corporate and "application” and “Website" to materials delivered on the technology platform known as an “Application” known as Hotspot or on www.hotspotapp.net (“Website”) and other versions of the Application and Website.

These terms of use as varied from time to time govern your use of the Application and Website and all its associated Services. By accessing, browsing and/or using the Application and Website you are deemed to have agreed to these Terms and to the collection and use of your personal information by Hotspot as outlined in its Privacy Policy. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the Application and/or Website.

 

Services

The services constitute a technology platform that enables users of Hotspot’s mobile application or website provided as part of the Services to arrange and schedule gatherings and meetings and as a social media and communication platform (the Service(s)).

By creating a Hotspot account or by using the Hotspot application or website, whether through a mobile device, application or computer, you, also referred to as "Users", agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference to this agreement. Unless varied by Us for any reason, this agreement will remain in full force and effect while you use the Service(s) and/or have a Hotspot account. We may terminate your Hotspot account at any time, for any reason. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service(s).

You acknowledge that Hotspot does not provide legal advice and does not function as a legal service provider and that all agency and representative services are provided by independent third parties who are not employed by Hotspot or any of its affiliates.

 

Eligibility

You must be at least 18 years of age to create an account on Hotspot and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Hotspot,
  • you are not a person who is barred from using the Service under the laws of Australia or any other applicable jurisdiction.
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

 

No Warranties or Representations

You acknowledge that Hotspot does not provide legal advice or legal services or function as a legal advisor and that all legal services are provided by independent third party contractors who are not employed or engaged by Hotspot or any of its affiliates.

Hotspot makes no representation, warranty, or guarantee regarding the reliability, timeliness, suitability, quality or availability of the services requested through the use of the Services, or that the Services will be uninterrupted or error free.

You may have rights under the Australian Consumer Law or similar legislation which cannot be excluded or limited by Us. These conditions of use, including this clause, do not, and do not intend to, exclude or limit those statutory rights in any way.

All statutory or implied terms, conditions or warranties concerning the quality or condition of our Application and/or Website or any information, Service(s), material, advice or recommendation supplied by Us through our Application and/or Website are excluded to the fullest extent permitted by law.

Hotspot does not represent or warrant (expressly or impliedly) that the Application or Website or any of the Hotspot content, or the facilities that make the Application and Website and the Hotspot content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the Website or any Hotspot content will be uninterrupted.

Except to the maximum extent that liability may not lawfully be excluded, Hotspot is not liable (whether in contract, negligence or otherwise) for any loss or damage of whatever nature (whether direct, indirect, incidental, special and/or consequential) arising from the use of the Application and/or Website, any of the Hotspot content, reliance upon any of the information, services and/or materials contained in it or provided by it. Further, Hotspot is not liable for any service agreed to be provided between its users and makes no representation as to the quality, expertise, experience, knowledge, age and/or identity of any of its registered users and service providers.

Except to the maximum extent that liability may not lawfully be excluded, Hotspot’s liability for breach of any implied warranty or conditions is restricted, at Hotspot's option, to:

    •    The amount paid by you to Hotspot in respect of the services; or

    •    The re-supply of the services; or

    •    The cost of the re-supply of the services.

By using Hotspot, you acknowledge that neither Hotspot nor its affiliates, advertisers, and third party partners are not liable for and bear no liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of:

    •    Any incorrect or inaccurate content posted in the Service(s), whether caused by Users or any of the equipment or programming associated with or utilised in the Service(s);

    •    The timeliness, deletion or removal, incorrect delivery or failure to store any content or communications in the application or website;

    •    Any use of the Service(s) for any unauthorised, illegal or prohibited behaviour or conduct, including but not limited to conduct, behaviour and actions in violation of these Terms of Use.

    •     Any problems, failure or technical malfunction of any systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer or device related to or resulting from participating, accessing or accepting any materials in connection with the Internet and/or in connection with the Service(s).

Any material downloaded or otherwise obtained or accessed through the use of the Service(s) is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorised to download or obtain any material through the Service(s).

From time to time, we may make third party events, offers, opinions, advice, statements and information or content available through the Service(s). All third party content is the responsibility of the respective authors of such content. We do not guarantee the accuracy, completeness, or usefulness of any third party content provided through the service or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party that appears in the Service(s) or any associated event, meeting or gathering. Under no circumstances will we or any of our affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service(s) or transmitted to any Users.

 for any payment to be made to you or any of your agents or authorised representatives arising from any engagement, use or election for services provided or sought to be provided on, through or via the Application and/or Website. You acknowledge that any costs, fees, debts or liabilities are personal to the users and/or agents. 

 

Indemnity

You agree to indemnify and hold Hotspot and its officers, directors, employees and agents harmless from any and all claims, demands, liabilities, losses and expenses (including legal costs) arising out of or in connection with (a) your use of the Services or services secured or obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) Hotspot’s use of your information; (d) your violation of the rights of any third party; (e) your violation of any law or regulation by you.

We reserve our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event, you will fully cooperate with Us in connection therewith.

 

Accuracy of information

Hotspot provides information and content displayed on its Website to promote its services and business. Hotspot does not warrant and makes no representation, as to the accuracy of any information or content displayed on the Application and/or Website or its suitability for your use.

Hotspot will not be liable for any damages whatsoever whether for any action arising out of or in connection with access to the Application and/or Website or the information and material contained on the Application and/or Website. All warranties of any kind are excluded to the maximum extent permitted by law.

Hotspot makes no guarantee as to the suitability, usefulness or appropriateness of any agent, service provider or user selected by you and no guarantee as to the likelihood of outcome which is sought by you by reason of any engagement made.

Your availability and expressions of interest for any service, job, work or assignment

You agree to ensure that all information provided by you is correct, truthful and current. You must immediately notify us and update us of any changes to the information you have provided to us, including without limit, to our calendars and logs, so that we can communicate relevant changes to you and/or any other users and third party providers.

 

License

Subject to your compliance with these Terms, Hotspot granted you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Application and Website on your personal device solely in connection with your use of Services; and (b) access and use any content, information and related material that may be made available through the Services. Any rights not expressly granted herein are reserved by Hotspot.

 

Intellectual Property

You acknowledge that the Hotspot Application, Website, Hotspot's services, software, material, information, communications, text, graphics, links, art, audio, video, images, and other data available within the Application and Website ("Hotspot content") are provided by Hotspot or third-party providers and belong to and are subject to copyright by Hotspot and/or such third parties.

You may not copy, reproduce, reverse-engineer, dissemble, publish, sell, lease, transfer distribute, modify, create derivation of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Hotspot a content or our services in whole or in part unless expressly authorised by Hotspot or the relevant third party owner.

You acknowledge that Hotspot remains the owner of the Hotspot content and that you do not acquire any intellectual property rights in the Hotspot content.

The Service is provided for personal use only. Unless expressly agreed to by Us, you may not use the Service or any content contained in the Service (including, but not limited to content of designs, text, graphics, images, video, logos, software) in connection with any commercial endeavours such as advertising or soliciting any user to buy or sell any products or services. You may not use any information obtained from the Service to contact, advertise to, solicitor, or sell to any other user without his or her express explicit consent and in the absence of our express written consent. We may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service.

Hotspot reserves all its rights in the intellectual property published on this Website.

 

Functionality

Hotspot does not warrant the functionality of the Application and Website or any features of the Application and Website. Hotspot reserves the right to change the Application and Website or remove functionality of the Application and or Website without notice.

 

Third party content and links

Hotspot may supply or provide materials and links to external Websites owned and operated by third parties.

You understand that Hotspot cannot and does not warrant or represent that files or software of any kind, or from any source, available for downloading through the Application and/or Website, are accurate, bona fide or will be free of infection or viruses, worms, or other defects. You must make your own enquiries to satisfy yourself that the information on third party Websites is safe and free of defects or code that manifest contaminating or destructive properties. You should not rely on this information to make decisions. You agree that by accessing any third party linked Application and/or Website you do so at entirely at your own risk.

 

Interactions with other Users

You are solely responsible for your interactions with other Users. You understand that we do not undertake criminal background checks on its users and we do not verify the identify and statements of its Users. We reserve our right to conduct any criminal background check or other screenings or searches at any time and using available public records.

We make no representations or warranties as to the conduct of the Users or their compatibility with any current or future Users. 

We are not responsible for the conduct of any User. In no event shall the Company, its partners, affiliates, advertisers, event promoters or event organisers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service(s) including, without limitation, death, bodily injury, emotional distress and/or any other damages resulting from communications, gatherings, or meetings with other Users or persons you meet through the Service.

You agree to take all precautions in all interactions with other Users, particularly if you decide to meet and/or communicate off or away from the Service.

 

Content posted by you in the Service

You are solely responsible for the content and the information that you post, upload, publish, link to, display, transmit or otherwise make available (collectively Post) on the Service(s) or transmit to other Users, including in chats, messages, photographs, profile text, whether publicly posted or privately transmitted (collectively, Content). You may not post as part of the Service, or transmit to the Company or any other User (either on or off the Service(s)), any offensive, inaccurate, abusive, incomplete, obscene, profane, threatening, intimidating, harassing, racially or sexually discriminative or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).  In addition, you expressly agree not to make available Content or arrange, host, plan or attend meetings or gatherings that, or are designed to:

    •    Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

    •    Advocates harassment or intimidation of another person;

    •    Is intended to defraud other Users of the Service(s);

    •    Promotes information that is misleading or deceptive, false or promotes illegal activities or that is defamatory or otherwise objectionable;

    •    Provides instructional information about illegal activities such as making or buying illegal weapons, drugs, violating someone’s privacy or providing, dissemination or creating computer viruses or other harmful or disruptive codes, components or devices;

    •    Contains video, audio, photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

    •    Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

    •    Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; or

    •    Provides information or data you do not have right to make available under law or under contractual or fiduciary relationships.

You represent and warrant that all the information you submit upon the creation of your account and profile, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information by you that subsequently becomes inaccurate, incomplete, misleading or deceptive or false.

You represent and warrant that all Content you post through the Service(s) must comply with all applicable laws and regulations.

You understand and agree that we may, but are not obligated to, monitor or review any Content you post as part of the Service(s). We may delete, terminate or suspend any Content, in whole or in part, that in our sole judgment is in breach of this agreement and/or may harm the reputation of the Service or the

 

Company

By posting Content as part of the Service, you grant to Hotspot, you grant to Hotspot a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting and improving the Service and researching and developing new ones.

 

Privacy

By using this Application and/or Website, you agree to Hotspot's Privacy Policy. To visit Hotspot's Privacy Policy, click here.

 

Variation to these Terms

Hotspot may vary these Terms at any time without notice. Any variation of these Terms will be published here and on the Website.

You accept that by doing this, Hotspot has provided you with sufficient notice of the variation.

 

Severability

If any part or parts of these Terms are held illegal, unenforceable or invalid, that part or those parts shall be severed and the remainder of these Terms will continue to be valid and enforceable.

 

Prices and Payments

Hotspot may receive payment of commissions from service providers, agents and third parties for our services.

 

General

Hotspot is an Australian business owned by Misha Cajic and these terms are governed by and enforced in accordance with the laws of New South Wales. Although information from our Application and Website may be accessible in other jurisdictions, by using the Application and/or Website, you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

 

Reservation of Rights

Any rights not expressly granted to you herein are reserved by Hotspot.