Website Terms of Service

This website (the “Site”) is operated by Spot Names. Throughout the site, the terms “we”, “us” and “our” refer to Spot Names (ABN 45 499 464 242). By using this Site, you indicate that you have read and understand these Website Terms and Conditions and agree to abide by them at all times.

Application, Variation and Suspension

  1. These Website Terms and Conditions govern the website operated and provided by Spot Names (ABN 45 499 464 242).
  2. Any use of our Site by you constitutes acceptance of these Website Terms and Conditions.
  3. We reserve the right to amend these Website Terms and Conditions at any time and your continued access of the Site following any amendments will represent your agreement to be bound by these Website Terms and Conditions as amended. You may cease using our Site if you do not agree to the amendments.
  4. We reserve the right to modify or terminate our Site, at our discretion, without notice and without liability to you or any other user or third party.
  5. We do not guarantee that this Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site may be unavailable from time to time, and occasional disruptions and outages may occur, including system failure or other events beyond the reasonable control of us and our third-party providers. From time to time, we may need to temporarily suspend access to this Site to perform scheduled or emergency maintenance, or where reasonably necessary to protect our legitimate interests.

User Account

  1. In order to access some of the features of this Site or use some of the services, you will have to create an Account. You represent and warrant to Spot Names that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.
  2. If we have reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserves the right, at our sole and absolute discretion, to suspend or terminate your Account.
  3. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and any payment method. For security purposes, we recommend that you change your password at least once every six (6) months.
  4. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. you, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Age Restrictions

  1. The minimum age to use our Site is 18 years old. By using this Site you acknowledge that you are over 18 years old. We do not assume any legal responsibility for false statements about age.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Acceptable Use

  1. As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
    1. Harass or mistreat other users of our Site,
    2. Violate the rights of other users of our Site,
    3. Violate the intellectual property rights of the Site owners or any third party to the Site,
    4. Hack into the account of another user of the Site,
    5. Act in any way that could be considered fraudulent, or
    6. Post any material that may be deemed inappropriate or offensive.
  2. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Comments, Feedback and Other Submissions

  1. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Intellectual Property Rights

  1. Intellectual property rights (including any copyright, trademark rights) in the content on this website including applets, graphics, images, layouts and text, vests in us, subject to any third-party rights.
  2. Nothing contained on this Site is to be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of us, our parent or subsidiaries, affiliates or other third party. You may not use, reproduce or modify any content displayed on this website including our logo or trademark/s without our written consent.
  3. You may not pass off content from this Site as your own. This includes the practice of ‘Framing’ this website within another website as well as copying and re-using parts of the website.
  4. All rights in relation to any content to which you may be directed, through the use of our Site, remain the property of the respective owners of that content, and we make no representations regarding the use of that content.
  5. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  6. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Third-Party Links

  1. This site may contain links to third-party websites that are not affiliated with us and are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website, and does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. We do not warrant approve of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.

Linking To Our Site

  1. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our Site’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
  2. Spot Names’ logo and its variants are trademarks and subject to copyright. They may only be used with written permission from Spot Names.

Privacy

  1. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be updated by us from time to time. By accessing or using this Site or otherwise contacting us, you agree and acknowledge that your personal information will be collected, used, disclosed and held in accordance with our Privacy Policy.

Cookies

  1. This Site uses cookies and device identifiers to identify visitors to this website, store user preferences, activity, and session information, gather statistical information, improve security, enhance website functionality, and improve services across the internet and devices. We also use web analytics and session recording technology provided by third party service providers. These services use cookies to assist us in understanding how visitors access and utilise our Site.
  2. You can opt-out of our use of cookies in your browser at any time by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site, may then be inaccessible or not function properly.
  3. Further information on how we use cookies and device identifiers please see our Privacy Policy.

Disclaimers

  1. Spot Names disclaims all conditions, warranties, guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no warranty, or guarantee regarding the reliability, accuracy, timeliness, quality, suitability or availability of the website or the content, information or materials on this website or any websites linked to this website. The entire risk arising out of the use of this website and its content remains solely with the user, to the maximum extent permitted under applicable law, including the Australian Consumer Law.
  2. Spot Names does not guarantee or warrant that this Site will be error-free or uninterrupted or that this Site or any files obtained from or through this Site are free from harmful code, malware, computer viruses or other defects.
  3. Spot Names shall not be liable for any damages, liability or losses arising out of your use of or reliance on this website or its content. The Site and its content are delivered on an “as-is” and “as-available” basis.
  4. Spot Names may host third party content on our Site such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
  5. Spot Names shall not be liable for any loss or damage of any kind, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to or in connection with your use of this Site and content, any information or materials on this Site or any websites linked to this Site.

Limitation of Liability

Under no circumstances will Spot Names, our parent or subsidiaries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, or any of our content providers be liable to you (or any third party making claims through you) for any loss or damage of any kind, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to or in connection with your use of, or the inability to use, this Site and content, any information or materials on this Site, any goods or services purchased or obtained or messages received or transactions entered into through our Site, or any websites linked to this Site.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us. We do not participate in any way in the transactions between our users.

Indemnity

  1. You agree to protect, defend, indemnify and hold harmless Spot Names and our parent, subsidiaries, affiliates, and their officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind, including legal fees, that we may incur in connection with a third party claim or otherwise, arising from or in connection to your use of our Site. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity and also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Waiver of Legal Rights

  1. If a user breaches any of these terms and conditions of use, and we have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of our legal rights.
  2. Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by us.

Termination

  1. We reserve the right to terminate your access to the site without notice if we believe, in our sole discretion, that you have violated any of the terms and conditions set forth in these Terms of Service.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Last Update: 25th January 2025