Terms of Service

These terms govern your use of Spotbagger, a service operated by Heysailor Pty Ltd (ACN 698138162, ABN 35698138162), based in Tasmania, Australia ("we", "us", "our"). By creating an account or using Spotbagger you agree to these terms. If you don't agree, please don't use the service.

What Spotbagger does

Spotbagger watches third-party booking websites on your behalf and notifies you by email (and SMS, if you opt in) when a spot opens for a location and date you've asked us to watch. Spotbagger does not make, hold or guarantee any booking. When we notify you of an opening, it's up to you to complete the booking directly on the relevant booking site, and the spot may be taken by someone else before you do.

Your account

You sign in with a magic link sent to your email address. You're responsible for keeping access to that email account secure, and for activity that happens under your account. Let us know promptly if you believe your account has been accessed without your authorisation.

Credits and billing

Spotbagger runs on prepaid credit:

• You buy credit through our payment processor, Stripe. Credit is added to your balance once payment is confirmed.
• We charge credit for the time we spend actively watching your requests. Watching only accrues charges while a watch is active — paused and cancelled watches don't accrue charges.
• Your current balance and a full history of charges and top-ups are always visible in your account.
• If your balance runs out, active watches are paused until you top up again.
• Prices and accrual rates are shown in the app and may change from time to time; changes won't apply retroactively to credit already consumed.

Credit has no cash value, isn't transferable, and isn't redeemable for cash except where a refund is required under the Australian Consumer Law or other applicable law.

Refunds and the Australian Consumer Law

Our services come with guarantees that can't be excluded under the Australian Consumer Law. Nothing in these terms limits or excludes those rights. If we fail to meet a consumer guarantee, you may be entitled to a remedy such as a refund of unused credit.

You don't need to contact us to get your money back. You can refund your unused credit to your original payment card at any time, straight from your account — no email required. Card top-ups (through Stripe) are refundable; the card-processing fee from your top-up is held back, and any promotional or goodwill credit we've added isn't refundable. Credit you've already spent on watches can't be refunded — only your remaining balance can. Refunds usually appear within 5 to 10 business days. If you ever can't complete a refund from your account, contact us at hello@heysailor.nz and we'll sort it out.

Acceptable use

When using Spotbagger you agree not to:

• use the service for any unlawful purpose, or to breach the terms of any third-party booking site;
• attempt to disrupt, overload, reverse engineer or gain unauthorised access to the service;
• resell or commercialise the service without our written permission; or
• use the service in a way that infringes the rights of others.

We may suspend or close accounts that breach these terms or that put the service or others at risk.

Third-party booking sites

Spotbagger relies on booking websites we don't control. Those sites can change their layout, rules, availability or terms at any time, which may delay, interrupt or prevent our checks. We're not responsible for the content, availability, pricing or conduct of any third-party site, and watching a site through Spotbagger doesn't create any relationship between you and us as your agent for booking.

Availability and accuracy

We work hard to keep Spotbagger running and our notifications accurate and timely, but we provide the service "as is". We don't guarantee that the service will be uninterrupted or error-free, that every opening will be detected, or that a notified spot will still be available by the time you act on it.

Limitation of liability

To the extent permitted by law, and subject to the consumer guarantees described above, we are not liable for indirect, incidental or consequential loss, or for loss arising from a booking you did or didn't secure. Where our liability can't be excluded but can be limited, our liability is limited to re-supplying the service or refunding the unused credit on your account.

Cancellation

You can stop using Spotbagger and close your account at any time from your account settings or by contacting us. We may suspend or discontinue the service, or these terms, with reasonable notice where practical.

Changes to these terms

We may update these terms from time to time. When we do, we'll change the "Last updated" date above, and material changes will be communicated through the service or by email. Continuing to use Spotbagger after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of Tasmania, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.

Contact us

Heysailor Pty Ltd
ACN 698138162 · ABN 35698138162
Tasmania, Australia
hello@heysailor.nz