Our Terms and Conditions
We aim to make your experience on People Spot a valuable and safe one.
End User License Agreement
Apps made available through the App Store are licensed, not sold, to you. Your license to use The People Spot App (Licensed Application) is subject to your prior acceptance of this Licensed Application End User License Agreement (EULA).
This EULA is a legal EULA between you and The People Spot Pty Ltd ACN 648 891 696 of C/O Blaze Acumen, Level 27, 60 City Road, Southbank, 3006, Victoria, Australia (The People Spot, we, us or our) and applies to your use of the Licensed Application. The Licensed Application is owned and operated by The People Spot. We reserve all rights in and to the Licensed Application not expressly granted to you under this EULA.
By downloading, accessing and/or using the Licensed Application, you agree to be bound by the terms of this EULA which includes our Privacy Policy. You should review these terms and our Privacy Policy carefully, and immediately cease accessing and/or using the Licensed Application and remove the Licensed Application from your Apple Device if you do not agree to these terms.
1. Scope of License
1.1 Licence to use the Licensed Application
(a) The People Spot grants to you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control (Apple Device).
(b) The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by The People Spot that replace or supplement the original Licensed Application, unless such upgrade is accompanied by an amended end user licence agreement. You must accept the amended terms and conditions in order to continue to access and/or use the Licensed Application. Continued access and/or use of the Licensed Application shall constitute deemed acceptance by you of any amendment to this EULA.
1.2 Use of Licensed Application
(a) You must only download, access and use the Licensed Application in accordance with this EULA.
(b) You agree:
(i) to comply with all applicable laws (including any applicable Privacy Laws) when accessing and/or using the Licensed Application. For the purposes of this clause 1.2(b)(i), 'Privacy Laws' means all Commonwealth, State and Territory legislation, principles, and other applicable industry codes and policies relating to the collection, use, disclosure, storage or granting of access rights to Personal Information (as that term is defined in the Privacy Act 1988 (Cth).
(ii) to comply with all applicable third-party terms of EULA when accessing and/or using the Licensed Application; and
(iii) to remove the Licensed Application from your Apple Device before selling your Apple Device to a third party.
(c) You must not, and must not to allow any person to:
(i) distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time;
(ii) transfer, redistribute or sublicense the Licensed Application, or make the Licensed Application available through any commercial hosting or similar service or arrangement;
(iii) copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof;
(iv) use the Licensed Application for the purpose of creating a competitive product or service or copying its features or user interface;
(v) delete, alter or obscure (or attempt to delete, alter or obscure) any copyright marks, trademarks, attributions, legal notices or other notices on the Licensed Application;
(vi) send or store unlawful material by means of the Licensed Application;
(vii) post or transmit any Malicious Code (including any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs) through the Licensed Application;
(viii) attempt to gain unauthorised access to, or disrupt or bypass the security, integrity or performance of, the Licensed Application or any data contained in it;
(ix) use the Licensed Application in a manner which is unlawful or in a manner not permitted by this EULA;
(x) use the Licensed Application in a manner reasonably likely to adversely affect The People Spot or other users of the Licensed Application; or
(xi) use the Licensed Application in a manner that does or may damage, disable, overburden, or impair the Licensed Application.
2. Consent to Use of Data
(a) You agree that The People Spot may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application.
(b) The People Spot may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3. Reservation of rights and ownership
(a) The Licensed Application is protected by intellectual property laws. We reserve all rights, including Intellectual Property Rights, in relation to the Licensed Application. You have no proprietary or other interest in the Licensed Application and nothing in this EULA transfers any right, title or interest in the Licensed Application to you.
(b) In this EULA, 'Intellectual Property Rights' means any intellectual, proprietary and industrial property rights and interests, whether registered or unregistered, including:
(i) all copyright;
(ii) all registered and unregistered trademarks, service marks, trade names, design rights, logos, patents, specifications, discoveries, inventions, innovations, improvements and electronic layout rights;
(iii) all rights subsisting in trade secrets, financial, marketing or technical information, ideas, concepts, know-how, technology, processes and knowledge which is confidential or of a commercially sensitive nature; and
(iv) all other rights or forms of protection of a similar nature to any of the rights referred to in paragraph (i), (ii) or (iii) of this definition, including the right to apply for any such rights, renewals and extensions of, and rights to claim priority from,
in Australia or any other country of the world for the full period for which those rights subsist.
4. External Services
(a) The Licensed Application may enable access to The People Spot's and/or third-party services and websites (collectively and individually, the External Services). The People Spot is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, is for general informational purposes only and is not guaranteed by The People Spot or its agents.
(b) The External Services may not be available in all languages or in your country of download and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
(c) The People Spot reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
(d) You agree:
(i) to use the External Services at your sole risk;
(ii) not to use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the Intellectual Property Rights of The People Spot or any third party;
(iii) not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that The People Spot is not responsible for any such use.
5. General
5.1 Termination
This EULA is effective until terminated by you or by The People Spot. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. If this EULA is terminated, you must immediately cease to access and/or use the Licensed Application and must remove the Licensed Application from your Apple Device.
5.2 Waiver
A waiver by The People Spot of a breach of this EULA by you, is not a waiver of any other or any subsequent breach. A failure by The People Spot to take action in the event of a breach of this EULA by you, will not prevent The People Spot from later taking action as a result of that breach.
5.3 Severance
If any part of this EULA is invalid, unenforceable, illegal, void or voidable for any reason in any jurisdiction, that part of this EULA will, in that jurisdiction only, be:
(a) read down to the minimum extent necessary so that it is not invalid, unenforceable, illegal, void or voidable, if practical; or
(b) severed from this EULA in any other case,
without invalidating or affecting the remaining provisions of this EULA or the validity of that part of this EULA in any other jurisdiction.
5.4 Limited Warranty
(a) You expressly acknowledge and agree that use of the Licensed Application is at your sole risk.
(b) You acknowledge that the Licensed Application cannot be guaranteed error-free and further acknowledge that the existence of any such error shall not constitute a breach of this EULA. You acknowledge that you have exercised independent judgment in acquiring the Licensed Application and have not relied on any representation made by The People Spot which has not been stated expressly in this EULA, or relied on any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by The People Spot.
(c) To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and “as available,” with all faults and without warranty of any kind and The People Spot disclaims all warranties and conditions with respect to the Licensed Application and any services, whether express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by The People Spot or its authorised representatives shall create a warranty.
5.5 Limitation of Liability
(a) Except to the extent prohibited by law, in no event shall The People Spot be liable for personal injury or any loss or damage, including any incidental, special, indirect, consequential, exemplary or punitive loss or damage (including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses) which may be suffered or incurred or which may arise directly or indirectly out of your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if The People Spot has been advised of the possibility of such loss or damage.
(b) Nothing in this EULA is intended to exclude or modify any non-excludable statutory right or liability. However, to the maximum extent permitted by law, the liability of The People Spot in respect of any claim under such legislation shall be limited, in the case of goods, to the repair or replacement of those goods or payment of the cost of their repair or replacement, or, in the case of services, the re-supply of those services or the payment of the cost of their re-supply.
(c) In no event shall The People Spot's total liability to you for any loss or damage howsoever caused (including but not limited to by way of negligence) in connection with use of the Licensed Application or in respect of the failure or omission of The People Spot to comply with its obligations under this EULA, exceed the amount of the license fee paid by you to use the Licensed Application.
5.6 General Disclaimer
The People Spot provides the Licensed Application solely for the business use of its customers or the personal use of an End User. The People Spot does not represent, warrant, undertake or guarantee the accuracy, completeness, legality, reliability, or availability of information or material displayed in the Licensed Application, nor that the use of guidance in the Licensed Application will lead to any particular outcome or result. The People Spot disclaims all liability for any harm or loss resulting from accessing any information or material in the Licensed Application.
5.7 Governing law
This EULA is governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia and each of the parties submits to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.