Spotcap terms and conditions

These general terms and conditions together with any documents referred to in them (hereinafter, collectively, the “T&C”) apply to the access to and the use of the online website www.spotcap.com.au (hereinafter, the “Platform”), which belongs to Spotcap Australia Pty Ltd., an entity with ABN: 71-602-957-237 and registered office at Level 2, 50 Bridge St, Sydney, NSW 2000 (hereinafter, “Spotcap”) whether as a guest or as a registered user.

Please read the T&C carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these T&C and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these T&C or the Privacy Policy, you must exit the Platform. These T&C will also form part of the Credit Line Agreement entered between you and Spotcap and any annexes thereto (the “CLA”).

We may revise and update these T&C from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Platform following the posting of revised T&C means that you accept and agree to the changes.

I. USE OF THE WEBPAGE

1. Access to the Platform

This Platform is addressed to legal entities and natural persons aged over 18 years old, conducting business activity and using this Platform for the purposes related to the business activity. By using the Platform, the user represents and warrants that he/she meets this requirement. Specifically, the user confirms that he does not use this Platform for the purposes not related to his/her business and is not a consumer within the meaning of the National Consumer Credit Code. Otherwise, please refrain from the use of the Platform and providing or requesting any additional information. Spotcap reserves the right to refuse access to the Platform to users who breach the provisions of T&Cs, any other regulations governing the use of the Platform and applicable legislation at any time and without prior notice. You are responsible for making all arrangements necessary for you to have access to the Platform.

2. Registration on the Platform, privacy and security measures

Spotcap provides access to the Platform free of charge. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Spotcap of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The email address and the password chosen by the user in the registration process shall be considered as a unique identification data and they enable the user to access the Platform’s services. The user account linked with the email address is personal and not transferable. The user agrees to treat his/her access data (especially the password) as confidential, not being permitted to disclose them to third parties. In case of unauthorized use of the account due to unauthorized disclosure of the access data, the user shall bear all consequences arising from the access to the account by a third party other than the user. The user consents to be liable for any loss or damage resulting from an intentional or negligent breach of the above-mentioned confidentiality obligation. In particular, the user shall be responsible for all transactions initiated from his/her account after successful identification with the email address and password. The user undertakes to notify Spotcap of any unauthorized use of his/her account without any further delay.

The data obtained by Spotcap in the registration process shall be handled according to the provisions of the Privacy Policy. By registering on the Platform you acknowledge that we will acquire your personal data for the provision of the services; you acknowledge that these checks may include contacting credit reference bureaus (as indicated in our Privacy Policy) and you consent to our acquisition, control and processing/transfer of your personal data in accordance with the terms of our Privacy Policy.

3. User’s obligations and liability

You may use the Platform only for lawful purposes and in accordance with these T&C. You agree not to use the Platform:

  • In any way that violates any applicable local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Spotcap or a Spotcap employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Spotcap or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.

In the event that any user or third party considers that there are facts or circumstances revealing that any content is illegally used, he/she should send a notification to Spotcap, informing about that circumstances.

The user shall be liable for any damages that Spotcap may suffer, directly or indirectly, as a result of any breach of the obligations under the T&C, any other provisions governing the use of the Platform or the applicable legislation. The user shall indemnify Spotcap for any penalties imposed by any governmental authority or any claim raised and lawsuit filed by any governmental authority, any other user or any third parties against Spotcap or its employees as a result of the violation of any of the user’s obligations.

You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these T&C, and that they comply with them.

4. Platform’s functionality

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these T&C.

6. Spotcap’s Liability

Spotcap may, immediately and without prior notice, terminate its relationship with the user or interrupt the user’s access to the Platform, if it considers that the use the Platform is done breaching these T&C or the applicable legislation.

Spotcap will apply security measures to ensure the confidentiality and security of the Platform. Spotcap will act diligently in accordance with the generally accepted practices in the industry to avoid the presence on the Platform of viruses or other harmful elements that may cause alterations in the user’s computer system, electronic documents or files, but cannot guarantee the absence of such elements, nor being liable for any damages that may result from them.

Spotcap does not control the use of the Platform made by users. In particular, Spotcap does not guarantee that users use the Platform in accordance with the applicable legislation, these T&C, and special conditions, if any, or that they use it diligently.

Spotcap will be liable only for any damages suffered by the user resulting from the use of the Platform when the damages are caused as a result of a willful misconduct or gross negligence of Spotcap.

Spotcap will not be liable for any damages arising from events beyond its control. Only for illustrative and not limiting purposes, Spotcap will not be liable for any damages that may arise from the following events:

  1. Inferences, interruptions, computer viruses, and/or disconnections in the operational electronic system or in the users’ computers caused by circumstances outside the control of Spotcap which limit or delay the provision of services.
  2. Delays or blockages in the Platform caused by deficiencies or overloading of the Internet or other electronic systems.
  3. Damages caused by third parties through illegal interference outside the control of Spotcap.
  4. Inability to provide the services for reasons not attributable to Spotcap, such as force majeure.

8. Property rights

The user accepts that the Platform, its structure, contents, services and the computer programs used in connection with it (hereinafter, the “Platform Elements”) are protected by intellectual and industrial property rights owned by Spotcap or third parties.

Unless authorized in writing by Spotcap or by the owners of the respective rights, or unless it is legally permitted, the user must not reproduce, transform, alter, disassemble, develop reverse engineering, distribute, hire, lend, or make publicly available through any form of public communication any of the Platform Elements.

The user must not delete the signs identifying the intellectual, industrial and any other property rights of Spotcap or third parties that may appear on the Platform and in any of the services offered through it. Users must also abstain from evading or manipulating any technical devices established by Spotcap or by third parties on the Platform Elements to protect their rights.