Terms of Use

7. Reliance on information

7.1 This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which Upside Finance and Upside Insurance apologises. In particular, you should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.

7.2 Visitors using the information from the Web Site do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Web Site which has not been stated expressly in these Terms of Use. Upside Finance and Upside Insurance strongly advises you to seek independent professional advice before acting on any Content from this Web Site.

8. No warranties or representations

8.1 This information is published for information only, without assuming a duty of care. You acknowledge that you have not relied on any representation made by Upside Finance and Upside Insurance which has not been stated expressly in these Terms of Use.Upside Finance and Upside Insurance does not give any express or implied representation or warranty as to: (1) reliability; (2) completeness; (3) suitability; (4) availability; (5) accuracy; (6) correctness; (7) currency; (8) timeliness; (9) merchantability; (10) quality; (11) security; (12) accessibility; (13) fitness for any particular purpose; (14) Content; (15) security of your computer in accessing this Web Site; (16) lack of computer viruses or other harmful components; (17) uptime; (18) title; (19) integrity of data; and (20) correction of defects.

8.2 Unless expressly stated otherwise, general information about Upside Finance and Upside Insurance products and services: (1) does not constitute an offer or inducement to enter into a legally binding contract; and (2) does not form part of the terms and conditions for products and services.

8.3 Upside Finance and Upside Insurance does not warrant that access to this Web Site will be uninterrupted, the services offered on the Web Site will be error-free or that this Web Site and its servers are free of computer viruses and other harmful data, code, components or other material. Upside Finance and Upside Insurance recommends that prior to using any downloaded file, you carry out an appropriate virus check. Upside Finance and Upside Insurance reserves the right to change or discontinue any feature on this Web Site, hours of availability and equipment or software required for access.

9. Limitation of liability

9.1 You indemnify Upside Finance and Upside Insurance to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. The cause of the Loss includes but is not limited to: (1) use or inability to use this Web Site; (2) access or inability to access this Web Site; (3) reliance on any Content; (4) the transmission of any computer virus; (5) Upside Finance and Upside Insurance negligence; (6) a breach of your computer’s security; (7) any breach of the Terms of Use; (8) any unauthorised access to, modification or alteration of Content; (9) any material or data sent or received or not sent or received; (10) any transactions entered into through this Web Site; (11) any infringement of another’s rights, including intellectual property rights; (12) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party; (13) any Content sent by any third party using and/or included in this Web Site; (14) any service available from this Web Site; and (15) delays, interruptions, inaccuracies, errors, omissions or cessation of services.

9.2 In relation to Non Excludable Rights, any liability incurred by Upside Finance and Upside Insurance in relation to the use of this Web Site or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded, is limited to the extent possible, at Upside Finance and Upside Insurance’s option, to: the supply of the goods or services again;

9.3 Except as provided for by the Non Excludable Rights, you (and not Upside Finance and Upside Insurance) assume the entire cost of any necessary verification, maintenance, repair or correction of any relevant Content.

10. Governing law

10.1 Unless expressly agreed otherwise, the products and services described in this Web Site are available only to Australian residents and international persons acceptable to Upside Finance and Upside Insurance.

10.2 Unless expressly stated to the contrary, all matters relating to this Web Site are governed by and are to be construed according to the laws applicable in the State of Western Australia and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and Australia.

10.3 Upside Finance and Upside Insurance has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Upside Finance and Upside Insurance considers (in its discretion) that the action is necessary or desirable.

11. Links

11.1 Content displayed on this Web Site and links on or from this Web Site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Upside Finance and Upside Insurance of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.

11.2 Upside Finance and Upside Insurance does not authorise the reproduction of third party Content by linking this Web Site to third party Content.

11.3 Upside Finance and Upside Insurance makes no representation or warranty regarding Third Party Sites or any hyperlink contained in linked Third Party Sites:

(1) relating to third party Content; (2) that Upside Finance and Upside Insurance does not make for its own Web Site (see above: ‘No warranties or representations’); or (3) that third party Content does not infringe the intellectual property rights of any person.

11.4 Accordingly Upside Finance and Upside Insurance accepts no liability for Loss of any kind arising from third party Content or use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk.

11.5 You may link to the Web Site for non-commercial purposes. If you are interested in linking to the Web Site for commercial purposes, or becoming otherwise affiliated with Upside Finance and Upside Insurance, please contact Upside Finance and Upside Insurance.

11.6 You agree not to carry on any activity in relation to the Web Site which might involve Upside Finance and Upside Insurance in liability. If you do engage in any such activity, you agree to grant Upside Finance and Upside Insurance an unlimited indemnity with respect to your conduct. You expressly acknowledge and agree that Upside Finance and Upside Insurance does not exert control over users of the Web Site (including individuals referred to on the Web Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

12. Waiver

12.1 If you breach any of these Terms of Use, and Upside Finance and Upside Insurance has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of Upside Finance and Upside Insurance’s legal rights. Any waiver of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by Upside Finance and Upside Insurance.

13. Feedback, questions or problems

13.1 Upside Finance and Upside Insurance welcomes any feedback you may have regarding the Web Site or these Terms of Use. If you have any questions, or queries, suggestions, problems, or if you become aware of any use of the Web Site that you think does not comply with these Terms of Use please send an email.

13.2 When you send Upside Finance and Upside Insurance any feedback, suggestions, ideas or other materials in relation to or via this Web Site, you agree that Upside Finance and Upside Insurance can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to Upside Finance and Upside Insurance’s obligations in its Privacy Statement.

14. Intellectual Property

14.1 You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

15. Copyright

15.1 Copyright in the information contained in this Web Site subsists under the Copyright Act 1968 and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all Content is owned or licensed by Upside Finance and Upside Insurance. Your access to or use of this Web Site does not constitute or create a licence or any other right to use Upside Finance and Upside Insurance’s name, trade dress, trade marks, copyrights or any other intellectual property.

16. Restricted use

16.1 Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Upside Finance and Upside Insurance or its subsidiaries, be directly or indirectly: (1) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored; (2) performed in public; (3) incorporated into any other web site; (4) used for any commercial purpose; (5) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system; (6) used in any manner or for any purpose which is unlawful; (7) used in any manner which violates any right of Upside Finance and Upside Insurance; (8) used in any manner which is prohibited by the Terms of Use; or (9) affected with a virus or other harmful component in any form or by any means in whole or in part by any process.

17. Obligations

17.1 You must: (1) ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and (2) ensure your employees, subcontractors and other agents (if any) who have authorised access to the Web Site are made aware of the Terms of Use.

18. Permitted use

18.1 Provided that the ownership of the Content by Upside Finance and Upside Insurance is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: (1) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use; (2) if you are an Internet service and/or access provider, supply the Content to your subscriber; (3) access and display these pages on a computer or a monitor; (4) hold a temporary copy in the computer’s cache; (5) make a single permanent copy for your personal non commercial reference;

19. Third party copyright

19.1 Some of the copyright in the Content is included on the Web Site under a licence from third parties, such as processes used in constructing or accessing this Web Site. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Web Site) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.

20. Trademarks

20.1 All names, logos and trademarks (both registered and unregistered) are the property of Upside Finance and Upside Insurance, or the third parties who have contributed to this Web Site. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval.

20.2 Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Web Site without the express written permission of Upside Finance and Upside Insurance, the relevant affiliate, or contributor.

20.3 Some of the logos listed below may be available to you to place on your own web site as a hyperlink to the relevant Upside Finance and Upside Insurance Web Site, but that use requires the express written authorisation of Upside Finance and Upside Insurance, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

21. Definitions

21.1 In this Disclaimer: (1) Content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Web Site, obtained or able to be viewed by accessing any part of this Web Site (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format; (2) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Upside Finance and Upside Insurance Web Site; (3) Upside Finance (ABN 57 372 895 100) and Upside Insurance (ABN 91 204 580 178), its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001 of Australia; (4) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Web Site. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs; (5) Non Excludable Rights means the rights and remedies conferred by the Trade Practices Act 1974 and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Content of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms of Use; (6) Terms of Use means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Web Site; (7) Third Party Sites means sites and resources located on servers maintained by others over whom Upside Finance and Upside Insurance has no control; and (8) Web Site means those web pages contained within the domain and any subdomains.