These Terms of Service ("Terms") form a binding agreement between you and Spont Pty Ltd (ABN 46 826 945 815) ("Spont", "we", "us", "our") and govern your access to and use of the Spont website, applications and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Spont operates a two-sided marketplace that connects Australian community clubs and groups ("Clubs") with businesses that wish to sponsor them ("Sponsors"). Spont provides software tools to list sponsorship packages, communicate, negotiate, hold funds in escrow via a third-party payment processor, release funds against agreed milestones, and generate tax invoices. Spont is not a party to any sponsorship agreement between a Club and a Sponsor and does not itself hold member funds.
2. Eligibility & accounts
You must be at least 18 years old and legally able to enter into a binding contract. If you act on behalf of an organisation, you warrant you have authority to bind that organisation. You agree to provide accurate information, keep your account credentials secure, and notify us immediately of unauthorised use.
3. Roles
- Clubs may list sponsorship packages, accept payments via Stripe Connect, and must deliver the agreed sponsorship assets.
- Sponsors may discover Clubs, negotiate deals, fund escrow, approve milestones and download tax invoices.
- Each account holds a single role. You may operate separate accounts for separate roles, subject to our anti-fraud rules.
4. Payments, escrow & fees
All payments on the Service are processed by Stripe Payments Australia Pty Ltd ("Stripe") under Stripe's own terms (Stripe Services Agreement and Stripe Connected Account Agreement). By using the Service you also agree to those terms. Funds paid by a Sponsor are held in a Stripe escrow account and are released to the Club's connected Stripe account only when each milestone is approved.
Spont charges a flat platform fee of 5% on each cleared sponsorship transaction. Stripe charges separate processing fees, which are disclosed in your transaction summary. All fees are exclusive of GST, which is added where applicable. Fees may change with 30 days' notice.
5. Deliverables & proof
Clubs agree to deliver the sponsorship assets they list, on the timelines they agree with their Sponsors, and to upload genuine photo or document proof of completion. Sponsors agree to review proof in good faith and not to withhold approval unreasonably. Disputes about delivery are governed by clause 9.
6. Refunds & chargebacks
Because funds are released milestone-by-milestone against proof of delivery, refunds are generally only available before a milestone is released. Once a milestone has been released and paid out to a Club, the funds belong to the Club and any further refund must be agreed between the parties or determined via the dispute process. Chargebacks initiated outside the Service may result in suspension of your account and recovery action.
7. Acceptable use
You agree not to use the Service to: (a) breach any law, (b) infringe intellectual property or privacy rights, (c) launder funds or finance illegal activity, (d) upload malware, (e) harass other users, (f) misrepresent your identity, (g) circumvent the Service to transact off-platform after being introduced through Spont, or (h) scrape or reverse engineer the Service. We may suspend or terminate accounts that breach these rules.
8. Intellectual property
Spont and its licensors own all intellectual property in the Service. You retain ownership of content you upload, but grant Spont a worldwide, royalty-free, sub-licensable licence to host, store, reproduce and display that content solely as necessary to operate the Service.
9. Disputes between Clubs and Sponsors
Spont provides an in-app dispute process. Either party may flag a milestone as disputed, in which case Spont may temporarily freeze the related escrow funds and request supporting evidence from both sides. Spont may make a good-faith recommendation but is not obliged to act as adjudicator. Each party retains the right to pursue independent legal remedies.
10. Tax
You are solely responsible for determining and meeting your own tax obligations, including GST, income tax and any reporting required by the ATO. Spont's invoices are provided for your convenience and do not constitute tax advice.
11. Disclaimers & consumer guarantees
To the maximum extent permitted by law, the Service is provided "as is" without warranties of any kind. Nothing in these Terms limits any non-excludable rights you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where our liability cannot be excluded but can be limited, our liability is limited to the resupply of the Service or the cost of having it resupplied.
12. Limitation of liability
To the extent permitted by law, Spont's aggregate liability to you arising out of or in connection with the Service is capped at the total platform fees paid by you to Spont in the 12 months preceding the event giving rise to the claim. Spont is not liable for indirect, consequential, incidental, special or punitive damages, including loss of profits, revenue, goodwill or data.
13. Indemnity
You agree to indemnify Spont against all losses, claims and reasonable legal costs arising out of (a) your breach of these Terms, (b) your breach of any sponsorship agreement with another user, or (c) any content you upload to the Service.
14. Suspension & termination
You may close your account at any time from your profile settings. We may suspend or terminate your account immediately if we reasonably believe you have breached these Terms or applicable law, or if we are required to do so by Stripe, a regulator or a court. Termination does not affect rights that have accrued before termination.
15. Privacy
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
16. Changes to these Terms
We may amend these Terms from time to time. Material changes will be notified to you by email or in-app notice at least 30 days before they take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.
17. Governing law
These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
18. Contact
Spont Pty Ltd · Melbourne, Victoria, Australia · contact@spont.club