HOTSPOTTING TERMS AND CONDITIONS
- PLATFORM
1.1. Hotspotting.com.au, including Ryder Research Resources Pty Ltd ACN 055 730 339/ Us/ We/
Our and any of its related entities, servants, agents, successors, and assignors is a real estate
analysis and research database that assists buyers and investors to identify areas in Australia
likely to outperform the general property market on capital growth via the
Hotspotting.com.au website and Members’ Portal (‘Platform’).
1.2 Before using our Platform, you must agree to be bound by our Terms and Conditions. (‘Terms’).
1.3. We may amend our Terms at any time by publishing the amended version on our website.
Any such amended Terms will apply to your use of the Platform from the date of its
publication, and if you use or continue to use our Platform then you agree you will be legally
bound by the amended Terms.
1.4. By using the Platform (and accepting the Terms) we grant you a non-exclusive, revocable
and limited licence to access and use the Platform for the duration of your Membership.
1.5. You may accept our Terms by:
(a) clicking “I accept” the Terms and Conditions on the Platform when paying for your
Membership or purchasing a product or service;
(b) accessing or using the Platform; or
(c) by creating an Account.
2. ACCOUNT REGISTRATION
2.1 As a User, you must verify your identity by supplying at least two forms of unique identification to use the Platform, including but not limited to your name, current mobile number, email address or postal address (‘Data’). If you do not provide us with this Data, we cannot provide you with access to the Platform.
2.2 You are responsible for creating your account and the Data that you enter into the Platform.
2.3 You are not permitted to access or use the Platform if You are under the age of 18; and
2.4 To protect your personal information, We may restrict access to Your Account until Your identity can be verified.
3. MEMBERSHIPS
3.1 Once your account has been created, you can choose your Membership and preferred payment method which can be by yearly, quarterly, or monthly payments.
3.2 Hotspotting.com.au currently offers the following yearly Memberships which are subject to change by us at any time:
i) Hotspotters Membership,
ii) Premium Membership,
iii) Property Pro Membership; or
iv) Enterprise Membership.
3.3 Some Memberships provide additional free materials which are at Our sole discretion and may cease at any time without written notice to you.
3.4 Your Membership begins once your initial payment has been processed by Ryder Research Resources Pty Ltd (Us). Early cancellation of your Membership is not permitted unless authorised at the sole discretion of Our Managing Director.
3.5 You can pay your Membership via your preferred payment method including via direct debit, PayPal or credit card.
3.6 Prior to your Membership expiring, We will send you correspondence via email or the Members Portal inviting you to renew for a further 12 months. If you fail to provide payment, We may suspend your Membership at our sole discretion.
- INTELLECTUAL PROPERTY (IP) AND COPYRIGHT
4.1 Hotspotting.com.au, Ryder Research Resources Pty Ltd ACN 055 730 339 and our related entities (‘We’) own or licence the Intellectual Property (which includes content and services) (‘IP’) contained in the Platform.
4.2 We reserve all rights not expressly granted in and to the Platform and the content, including any legal, equitable, contractual, statutory, or proprietary right, chosen in action, power, authority, benefit, privilege, remedy, or discretion.
4.3 IP means all intellectual and industrial property rights (whether created before or after the commencement of the Platform), all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trademarks, all Rights relating to registered designs, and all other rights resulting from intellectual activity in the artistic, literary, technical, or scientific fields excluding any moral attribution Rights including designs, content, look and feel of the Platform, symbols, names, images, computer code, computer software, text, documents, articles, brochures, descriptions, products, graphics, photos, sounds, videos user interfaces, visual interfaces, trademarks, logos, interactive features, and services.
4.4 You must not sell, transfer, download, copy, share, publish, reproduce, print, display, disclose or otherwise make these Rights available to any third party without our prior written consent.
4.5 You may print copies and download extracts of any material from the Platform for your own personal use only, however you are prohibited from using any material for commercial purposes.
4.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- DISCLAIMER
5.1 You acknowledge that the content accessed by you via the Platform (‘Material’) can only be used for general information purposes as a guide for your possible property investment.
5.2 In this clause, Material means any content accessed and downloaded by the User from the Platform, including but not limited to real estate data, articles, research reports, statistics, photographs, videos, webinars and podcasts which is subject to change by us at any time.
5.3 The Material may be based on information from third parties which may be publicly available or privately sourced and may or may not be relevant to your individual circumstances.
5.4 Property investment may not be suitable for everyone, and Materials contained on the Platform does not consider your individual circumstances. You should undertake your own due diligence to verify all Material and obtain independent financial, legal, accounting, taxation and any other required professional advice before proceeding with any property transaction.
5.5 While we make reasonable efforts to update the Material on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or current.
- INDEMNITY AND LIABILITY
6.1 The User indemnifies and acknowledges that Ryder Research Resources Pty Ltd ACN 055 730 339 (Hotspotting) will not be liable for any Claim, liability, loss, harm, injury, disease, illness or death sustained by any person or for any loss or damage to property directly or indirectly however caused by the Material provided on the Platform.
6.2 While Hotspotting and all related entities take all reasonable steps to maintain the currency and accuracy of the Materials provided on the Platform, we provide no warranty, guarantee or representation regarding the accuracy, reliability and completeness of information.
6.3 To the extent permitted by law, You acknowledge and agree that:
a. Using the Platform is at Your own sole risk;
b. You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or Data that You upload to, or obtain from, the Platform, including any third-party services facilitated by the Platform;
c. under no circumstance will We be liable for:
i. any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any Material, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.
6.4 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or anticipated savings) that We may suffer or incur as a result of any breach by You of our Terms.
- THIRD PARTY LINKS
7.1 Where our Platform contains links to other resources (including banner advertisements and sponsored links) provided by third parties, you acknowledge that they are provided for your information only. Third Party Links should not be interpreted as approval by Us, nor can We verify the accuracy of any information contained. You acknowledge that you access any Third Party Links at your own sole risk and subject to their own terms and conditions.
8. DEFAULT AND TERMINATION
8.1 We may, in Our sole discretion:
a. revoke, suspend or end Your licence, Membership, and access to use the Platform for any breach of these Terms and Conditions; and
b. cancel or otherwise terminate Your Account with immediate effect.
8.2 We will ordinarily advise a User of any suspension, revocation or termination, however, We are under no obligation to do so.
8.3 If Your Account is cancelled or We otherwise permanently end Your access to the Platform, information We have collected about You may be either:
c. permanently deleted or de-identified; or
d. retained in accordance with any applicable regulatory requirements.
8.4 Termination or expiration of Your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms and Conditions which are intended by their nature to survive termination or expiration.
- GENERAL
9.1 These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification to you.
9.2 The laws of Queensland, Australia govern these Terms, and you agree to the non-exclusive jurisdiction of the courts in the State of Queensland, Australia for any disputes which might arise.
9.3 Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
