Terms and Conditions

1. Introduction and Acceptance

Welcome to SPOTDQ ("we," "us," "our," or the "Platform"). SPOTDQ is a marketplace platform that enables users to buy and sell queue positions in physical store lines. These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund & Cancellation Policy.

If you do not agree with any part of these Terms, you must not use our Services.

2. Definitions

• "User" refers to any individual who accesses or uses the Platform, including Buyers and Sellers.
• "Buyer" refers to a User who purchases a queue position through the Platform.
• "Seller" refers to a User who lists their queue position for sale on the Platform.
• "Queue Spot" or "Queue Position" refers to a physical position in a queue at a retail location or service provider.
• "Transaction" refers to the purchase and exchange of a Queue Spot between a Buyer and Seller.
• "Service Fee" refers to the fees charged by SPOTDQ for facilitating Transactions.
• "OTP" refers to the One-Time Password used for secure verification during position exchange.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be legally capable of entering into binding contracts under Australian law
• Not be prohibited from using the Services under any applicable laws
• Provide accurate, current, and complete registration information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring your account information remains accurate and up-to-date

4. Platform Services

4.1 Nature of Services

SPOTDQ provides a marketplace platform that connects individuals who wish to sell their queue positions with those who wish to purchase them. We facilitate the transaction process, including payment processing, verification, and dispute resolution.

4.2 Role of SPOTDQ

SPOTDQ acts as an intermediary and is not a party to any agreement between Buyers and Sellers. We do not:

• Guarantee the availability, quality, or outcome of any queue position
• Control the actions of Users or third parties (including retail establishments)
• Guarantee that the services or products available at the end of the queue will be available
• Endorse any User or their queue listings

4.3 Transaction Process

When a Buyer purchases a Queue Spot, they must physically meet the Seller at the specified location to complete the exchange. Verification is conducted via OTP confirmation, and both parties must confirm the exchange for the transaction to be completed.

5. User Obligations

5.1 General Obligations

All Users agree to:

• Provide accurate information about queue positions and their status
• Act in good faith in all transactions
• Comply with the policies of retail establishments and service providers
• Treat other Users with respect and courtesy
• Not engage in fraudulent, deceptive, or illegal activities

5.2 Seller Obligations

Sellers must:

• Only list queue positions they legitimately hold
• Provide accurate estimated wait times and position information
• Remain in the queue until the exchange is completed
• Provide the OTP to the Buyer upon physical meeting
• Not abandon the queue position after a transaction is initiated

5.3 Buyer Obligations

Buyers must:

• Complete payment within the specified timeframe
• Arrive at the queue location within the transaction window
• Verify the Seller's identity and position before exchange
• Enter the OTP to confirm the transaction

6. Fees and Payments

6.1 Service Fees

SPOTDQ charges service fees to facilitate transactions. These fees may include:

• Buyer Service Fee: A percentage or flat fee charged to Buyers on each purchase
• Seller Service Fee: A percentage fee deducted from the Seller's earnings

All applicable fees will be clearly displayed before you confirm any transaction.

6.2 Payment Processing

Payments are processed through our secure third-party payment processors (including Stripe). By using our payment services, you agree to be bound by their terms of service.

6.3 Pricing

All prices are displayed in Australian Dollars (AUD) and include GST where applicable. Sellers set their own prices for queue positions, subject to any platform guidelines or restrictions we may implement.

7. Cancellations and Refunds

Cancellations and refunds are governed by our Refund & Cancellation Policy. Key points include:

• A grace period may apply for cancellations made shortly after purchase
• Cancellation fees may be charged based on timing and circumstances
• Service fees are generally non-refundable
• Seller cancellations after buyer payment may result in penalties
• Refunds are processed to the original payment method

8. Prohibited Activities

Users are prohibited from:

• Creating multiple accounts for fraudulent purposes
• Listing fake or non-existent queue positions
• Manipulating reviews or ratings
• Using the Platform for any illegal purpose
• Harassing, threatening, or abusing other Users
• Attempting to circumvent our fees or security measures
• Scraping, data mining, or accessing the Platform through automated means
• Violating any applicable laws or regulations
• Reselling queue positions at prices that violate applicable scalping laws
• Interfering with the operation of the Platform

9. Reviews and Ratings

Users may leave reviews and ratings following completed transactions. By submitting a review, you:

• Agree that your review will be publicly visible
• Confirm that your review is truthful and based on your genuine experience
• Grant SPOTDQ a license to display and use your review
• Understand that SPOTDQ may moderate reviews that violate our guidelines

10. Intellectual Property

The Platform, including all content, features, and functionality, is owned by SPOTDQ and protected by Australian and international copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks without authorization
• Reverse engineer or attempt to extract our source code

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimers

To the maximum extent permitted by Australian Consumer Law:

• The Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We are not responsible for the actions of other Users or third parties
• We do not guarantee the outcome of any queue position purchase

11.2 Limitation of Liability

To the maximum extent permitted by law, SPOTDQ's total liability for any claims arising from your use of the Services shall not exceed the greater of (a) the fees paid by you to SPOTDQ in the 12 months preceding the claim, or (b) AUD $100. This limitation does not apply to liability that cannot be excluded or limited under Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold harmless SPOTDQ, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

13. Dispute Resolution

13.1 User Disputes

If you have a dispute with another User, you should first attempt to resolve it directly. If resolution is not possible, you may submit a dispute through our platform. SPOTDQ may, at its discretion, mediate disputes but is not obligated to do so.

13.2 Disputes with SPOTDQ

Any dispute arising from these Terms or your use of the Services shall be governed by the laws of New South Wales, Australia. You agree to first attempt to resolve any dispute informally by contacting us. If informal resolution fails, any dispute shall be submitted to the courts of New South Wales, Australia.

14. Termination

SPOTDQ may terminate or suspend your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct harmful to other Users or SPOTDQ
• Extended period of inactivity

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately, and any pending transactions will be handled according to our policies.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and SPOTDQ regarding your use of the Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at: