|elhotspot terms and conditions
|The following terms and conditions govern your use of elhotspot, where users obtain information and contribute information through our website (e.g. via WML, HTML). Registering for, or using elhotspot, constitutes you as a "user" and that you accept these terms and conditions. elhotspot, in its sole discretion, can vary these terms and conditions from time to time without notice. Use of our Site after any such amendments will constitute acceptance by you of these terms and conditions.
1. elhotspot and its related bodies make no warranty regarding, and takes no responsibility for, the currency, accuracy or the quality of any information which you receive or access from elhotspot.
2. elhotspot gives no guarantee of the continued availability of any particular product or service advertised or referred to on the site, nor does it guarantee the services/facilities of any Internet Access Providers (IAPs) listed, including (but not limited to) whether they are safe to enter and comply with all health and safety laws, rules and regulations of the relevant territory in which they are situated.
3. elhotspot makes no warranty that the information requested by you from elhotspot will be available at all times or that the service will be fault free.
4. You are completely responsible for any reliance upon or use of the information you receive or access through elhotspot.
5. All intellectual property in relation to material included on the Website belongs to elhotspot or its licensors or advertisers, and Users obtain no interest in that property. This includes but is not limited to all rights in the design, text, graphics and other material on our Site.
6. Unless we give you our prior written consent, you agree not to reproduce, duplicate, copy, sell or resell any portion of elhotspot. The only exception is the various directional materials for IAP locations on our site, which are allowed to be duplicated for personal purposes only.
7. Users acknowledge that elhotspot may use all intellectual property in material provided by Users of the Website, and grant permission for elhotspot to exercise all copyright and publicity rights throughout the world, without restriction and free of charge, in respect to the details submitted by you.
8. Users declare that all information provided by them to elhotspot via our website, or by any other means, is accurate, not defamatory, and does not infringe any law or the rights of any person or legal entity.
9. Users warrant that by submitting multiple data entries/lists, that you are either the owner of, or have permission to act on behalf of, the company/business which does own this information, and as such you warrant that you (or the company/business you represent) possess the relevant copyright and intellectual rights to the list/database submitted, and that the use of such list/database by elhotspot and any person/entity to whom we have given permission to use our database does not or will not infringe the rights of any third party. If such rights are infringed, you agree that you, and not elhotspot, are liable for this breach.
10. Users agree that by submitting multiple data entries/lists they obtain no copyright or intellectual property rights in our database, or that they will necessarily be identified as the author of such details submitted.
11. Providers of multiple data entries/list will keep elhotspot informed of changes to previously submitted information and provide updates on new data entries.
12. You acknowledge that elhotspot is an Internet-based service and, although elhotspot will endeavour to maintain the security of its information, it cannot guarantee that information you receive from or supply to elhotspot will be secure at all times.
13. You may be able to purchase goods and services through elhotspot. Where these goods and services are provided by elhotspot's content providers, you acknowledge that they are third parties, outside of elhotspot's control, and you are purchasing those goods and services under the terms and conditions set out by those content providers. elhotspot accepts no responsibility and is not liable to you for any loss or damage you may suffer through making contact with any such third party (such as whilst being a user on their site) and/or choosing to purchase or use their goods and services.
14. elhotspot cannot and does not guarantee that each user, IAP business or other third party on the site has the identity of who they claim to be.
15. You agree that you will not use elhotspot or any service provided through elhotspot in a manner that is illegal (as governed by NSW law: see also paragraph 22), or which elhotspot deems to be offensive, anti-social, or otherwise inappropriate.
16. You agree to indemnify and hold elhotspot, its officers, agents, content providers, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of your use of elhotspot, your breach of these terms and conditions or your violation of any rights of another user of elhotspot.
17. elhotspot holds the right to alter, amend, extend, or withdraw information existing on its database at any time, without notice.
18. elhotspot may at any time modify, discontinue or suspend part or all of elhotspot's services without notice to you.
19. You agree that elhotspot, its officers, agents, content providers, other partners and employees, will not be liable to you or any party for any direct, indirect, consequential, incidental, special loss or other cost arising out of or in connection with elhotspot and the use of elhotspot.
20. You agree that we may pass on your information to third parties, such as for the express purpose of being able to provide our services to you, the improvement of our customer service, marketing purposes (direct or otherwise), product development and planning, and general marketing research, as deemed suitable by elhotspot, and as permitted by the Privacy Act 1988.
21. Any failure by elhotspot to exercise or enforce any right or provision of these terms and conditions of use does not constitute a waiver of such rights or provisions.
22. These terms and conditions are governed by the laws in force in New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.