These Terms of Service form an agreement (Agreement) between ASG CAPITAL GROUP PTY LTD ACN 607 369 513 (Hobspot), an Australian company, and the user (User or you).
Hobspot operate the Hobspot social networking application (App) that allows each user (User) to find other users with similar interests to take part in activities related to those interests together.
The App may allow Users to:
Create and manage a User account (Account);
Create and manage a personal profile;
Connect with other users based on proximity and similar interests;
Share images and other content;
Communicate with other Users.
The App is available via the native mobile application “Hobspot” available from Apple’s AppStore, GooglePlay and any other native or web-based mobile applications made available from time-to-time.
Hobspot also operate the website accessible at the URL www.hobspotapp.com (or other domain as used by Hobspot from time-to-time) (Site).
Your licence to access the App shall be ongoing unless terminated by Hobspot in accordance with these Terms.
Limitations on Use
Hobspot may limit or restrict access to the App from time-to-time on any basis as it sees fit, including (but not limited to):
Age & Capacity. Only persons over the age of 18 may register as a User;
Criminal Convictions. Hobspot may restrict access to the App in the event that it becomes aware that a User or a person applying to register an account has committed a sexual offence, violent misconduct or any other offence that Hobspot determines renders the User unsuitable to use the App.
Location. Hobspot may restrict access to the App from any location;
Certification. Hobspot may restrict access to the App where it cannot, in its absolute discretion, verify the user’s identity.
Inappropriate Conduct. Hobspot may restrict access to the App if it determines in its sole discretion that a user’s conduct is inappropriate.
No Advertising. Hobspot may restrict access to the App or remove an account if a User’s account is used for soliciting business, or contains any advertising. Hobspot may also remove such advertising.
Illegal Substances. Hobspot may restrict access to the App or remove an account if a user seeks to sell or purchase any illegal substances via the App, or shares any images of illegal substances or the use of such substances.
registration & Verficiation
A user of the App must register as a User; and
Until registration as a User is confirmed by Hobspot you are not granted a licence to access the App.
The User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. You agree to provide Hobspot with all necessary verifications we require to provide you with access to the App.
Hobspot may restrict access or suspend an account of any User that uses a profile picture of anyone other than himself or herself.
Hobspot does not carry out background or criminal checks on Users prior to registering an account.
Hobspot makes no warranty as to the character of any User of the App, and shall not be liable to any User for the conduct of any other user, whether via the App or not (including a personal meeting).
Using the App
Profiles. The App allows the User to create a profile viewable by other users that may include the User’s:
Personal description; and
Such other information or media that Hobspot may allow from time-to-time.
Filters. The App makes recommendations to the User on other users they may wish to connect with based on the criteria the User enters into the filter within the App. The Filter may include options for filtering according to:
Such other criteria that Hobspot may allow from time-to-time
GPS Data. The App requires access to the User’s GPS data in order to provide key aspects of its functionality. Hobspot accepts no responsibility if a User is unable to use the App due to a lack of GPS connectivity.
Interacting with other Users.
The User acknowledges that they use the App at their own risk.
The User must exercise the utmost caution before providing any information capable of personally identifying them to another User.
If a User choses to meet another User in person, they do so at their own risk. Hobspot recommends taking all reasonable precautions to protect their safety prior to meeting another User in person.
Hobspot accepts no responsibility for the conduct of any User of the App.
Hobspot accepts no responsibility for any interaction between Users, whether that interaction occurs via the App or not (including a personal meeting).
Lodging a Complaint.
If you believe that another User’s behaviour is threatening, discriminatory, or deliberately offensive you may lodge a complaint to Hobspot via email at email@example.com
Hobspot may suspend or remove the account of any User that Hobspot determines conduct themselves inappropriately.
Hobspot’s decision whether or not to suspend or remove an account is at its absolute discretion. Hobspot’s decision shall be final and not subject to review.
Fees and Charges.
Fees apply as advertised for the use of the App (if any), and the terms of those Fees are set out in the General Conditions.
Where a Fee is paid for a particular period of access to the App, the User shall not be entitled to a pro-rata refund of any Fees if it elects to stop using the App within that period.
All payments must be made through the App using Hobspot’s designated payment systems. Hobspot may restrict access to any or all features of the App until funds have cleared.
All transactions are processed in Australian dollars by local and international payment providers. You accept that international payment processing fees may apply from your financial institution.
If GST is applicable to any payment by a User to Hobspot then:
The fee is inclusive of GST; and
Hobspot will provide the User with a Tax Invoice for its payment.
No refunds are offered other than as required by law.
account access using third-party services
Registration & Login.
You may be able to register for the App, and access the App, by using your account with certain third party services (“TPS”) (including, but not limited to, Facebook);
As part of the functionality of the App you may connect your profile with a TPS by:
Providing your TPS login information to Hobspot through the App; or
Allowing Hobspot to access your TPS in accordance with its terms & conditions of service; and
When connecting to the App using a TPS you warrant that you are not in breach any of its terms & conditions of service.
You agree that access to the App may be unavailable if the TPS becomes unavailable, and that you may lose functionality or content that is shared between the TPS and the App;
You may disconnect the connection between the App and the TPS at any time.
Hobspot has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
Data from TPS.
Where you connect and or register you profile using a TPS, you authorise us to use data from that TPS to create your profile on the App.
Either party may end this Agreement at any time by written notice in accordance with these Terms.
Governing Law. Victoria, Australia.
Reference City. Melbourne, Victoria.
effeCt of special conditions
The parties may agree to any Special Conditions to this Agreement in writing. Where the parties make such Special Conditions those Special Conditions shall prevail over any inconsistency with any other provisions of this Agreement.
The following definitions apply in this document:
App means the Hobspot mobile application described in the Particulars.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City of the Legal Location.
Fees & Charges means the fees and charges as set out in the Particulars.
General Conditions means the terms and conditions set out in the section of this agreement entitled “General Conditions”.
Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Particulars means this agreement’s details and variables set out in the section of this agreement entitled “Particulars”.
Pricing means the pricing set out in this agreement or as notified to the User in writing by Hobspot from time-to-time.
Special Conditions means the terms and conditions set out in the section of this agreement entitled “Special Conditions”.
User Content means content that is entered into or created within the App by the User.
Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
The singular includes the plural and the opposite also applies.
If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
A reference to a clause refers to clauses in this agreement.
A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
A reference to a party to this agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
A reference to dollars or $ is to an amount in Australian currency.
This agreement applies to use of and access to the App.
Where the User does not accept the terms and conditions of this agreement, the User must immediately cease using the App.
The terms & conditions of this Agreement may be updated by Hobspot in its absolute discretion from time-to-time, and unless stated otherwise by Hobspot in writing, such updates shall come into effect for use of the App at the time the User is sent notice of the update(s).
By using the App, the user acknowledges and agrees to:
These Terms of Service; and
The App is only accessible to the User for the term set out the Particulars.
The User agrees and accepts that the functional elements of the App may be:
hosted by Hobspot and shall only be installed, accessed and maintained by Hobspot, accessed using the internet or other connection to Hobspot servers and is not available ‘locally’ from the User’s systems; and
managed and supported exclusively by Hobspot from Hobspot servers and that no ‘back-end’ access to the App is available to the User unless expressly agreed in writing.
Hobspot reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the App.
By accepting the terms and conditions of this agreement, the User is granted a limited, non-exclusive and revocable licence to access the App for the duration of this agreement, in accordance with the terms and conditions of this agreement.
Hobspot may issue the licence to the User on the further terms or limitations set out in item the Particulars as it sees fit.
Hobspot may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this agreement by the User or any of it’s users. Hobspot will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
The User agrees that it shall only use the App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Hobspot in its discretion.
The User shall not authorise any other users to access the App via the User’s Account, except:
In order to ensure the User’s safety; or
As otherwise may be necessary in the circumstances.
In the event that a User does authorise another user to access their account in accordance with clause 7.1, the User accepts that:
No user authorised by the User may represent to any other use of the App that they are in fact the User, or otherwise claim the User’s identity.
Hobspot accepts no liability for access to User Content by users authorised by the User or using login details of users authorised by the User.
The User is solely responsible for the security of its username and password for access to the App.
The User is responsible for ensuring that users authorised to use the App comply with this agreement in full and are liable for any breach of them.
Hobspot accepts no liability for the content of User Content.
The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content.
Despite clause 8.1 Hobspot shall be authorised to permanently delete User Content where:
The User deletes the App or no longer wishes to use it; or
This Agreement is terminated.
INVOICING & PAYMENTS
Hobspot shall issue the User an invoice for all payments made by the User to Hobspot.
The terms of payment set out in the Particulars shall apply.
Refunds are provided for in accordance with the Particulars or as required by law.
Security. Hobspot takes the security of the App and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of Hobspot’s systems or the information on them.
Transmission. Hobspot shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
By accepting the terms of this agreement the User agrees that Hobspot shall provide access to the App to the best of its abilities, however it accepts no responsibility for ongoing access to the App.
Hobspot has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Hobspot.
Apple® AppStore®, Google®, GooglePlay® and other trademarks are the Intellectual Property of their respective owners.
Proprietary Information. The App may use software and other proprietary systems and Intellectual Property for which Hobspot has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the App.
Aplication. The User agrees and accepts that the App is the Intellectual Property of Hobspot and the User further warrants that by using the App the User will not:
copy the App or the services that it provides for the User’s own commercial purposes; and
directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the App or any documentation associated with it.
Content. All content remains the Intellectual Property, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the App.
LIABILITY & INDEMNITY
The User agrees that it uses the App at its own risk.
The User acknowledges that Hobspot is not responsible for the conduct or activities of any user and that Hobspot is not liable for such under any circumstances.
The User agrees to indemnify Hobspot for any loss, damage, cost or expense that Hobspot may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the App, including any breach by the User of these Terms.
In no circumstances will Hobspot be liable for any direct, incidental, consequential or indirect damages, damage to property, injury or death of any person, loss or corruption of data, loss of reputation, goodwill, or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the App or any content, or in any way relating to a meeting between users (or lack of a meeting between users) whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Hobspot knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
Expiry or termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
For any dispute between Hobspot and the User, the following process shall apply:
Negotiation. If there is a dispute between the parties relating to or arising out of this agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
Mediation. If the dispute between the parties relating to or arising out of this agreement is not resolved within five Business Days of notification of the dispute under Clause 14.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
Arbitration. If the dispute between the parties relating to or arising out of this agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this agreement until it has exhausted the procedures in this clause (d) unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages would otherwise be inadequate to compensate.
The User can direct notices, enquiries, complaints and so forth to Hobspot as set out in this agreement. Hobspot will notify the User of a change of details from time-to-time.
Hobspot will send the User notices and other correspondence to the details that the User submits to Hobspot, or that the User notifies Hobspot of from time-to-time. It is the User’s responsibility to update its contact details as they change.
A consent, notice or communication under this agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties’ contact details as specified in item A of the Particulars.
The User may only assign or otherwise create an interest in their rights under this document with the written consent of Hobspot.
Hobspot may assign or otherwise create and interest in their rights under this Agreement by giving the User written notice.
Formation. This Agreement is formed when the User acknowledges their consent to this Agreement, whether done electronically or physically.
Prevalence. Each party to this agreement agrees to the clauses in the Particulars, the Special Conditions (if any) and the General Conditions. The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.
Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this agreement.
Relationship. The relationship of the parties to this agreement does not form a joint venture or partnership.
Waiver. No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this agreement and the transaction facilitated by it.
Governing Law. This agreement is governed by the laws of the state set out in item I of the Particulars. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Counterparts. This agreement may be executed in any number of counterparts. All counterparts together will be taken tomconstitute one instrument.
Time. Time is of the essence in this agreement.
Severability. Any clause of this agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this agreement.
END GENERAL CONDITIONS