Website Terms & Conditions
These Terms and Conditions of Use (“Terms and Conditions”) apply to your use of and registration with www.upstartadvisory.com.au (the “Site”), a website owned and operated by Upstart Advisory Pty Ltd (ACN 609 921 806) (“Upstart”). Please read these Terms and Conditions before Accessing, Browsing, or Otherwise Using the Site
Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.
Right to Change, Modify or Delete the Terms and Conditions
Upstart reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.
Use of Site Content
This Site and all the content and information it contains is the property of Upstart (with the exception of any third party logos), and is protected from unauthorized copying and dissemination by Australian copyright law, trademark law, international conventions, and other intellectual property laws.
This Site and all the content and information it contains is the property of Upstart, and is protected from unauthorized copying and dissemination by Australian copyright law, trademark law, international conventions, and other intellectual property laws. Some of the trademarks and logos displayed on the site (i.e. logos of client companies we have worked with) are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of Upstart or such third party that may own the trademark or copyright of material displayed on this Site.
Subject to your full compliance with these terms Upstart authorizes you to view the Content for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
Third Party Rights
Some of the trademarks and logos displayed on the site (i.e. logos of companies we have worked with) are wholly owned by third parties. Upstart does not own any rights to these trademarks and logos and does not authorise any use of these marks.
You may use the Site for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Site, any Content that is any of the following:
– is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Upstart in its sole discretion;
– contains computer viruses, worms, moles or other contaminating or destructive elements;
– violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
– contains any false or misleading statement;
– contains advertising;
– or otherwise violates any applicable criminal or civil law.
Upstart prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Upstart notifying us accordingly.
You acknowledge that Upstart is not responsible for the availability of, or the content or software applications located on or through any Partner Site. You should contact the site administrator or Webmaster for those Partner Sites if you have any concerns regarding such links or External Sites.
When registering your details via the Site, you warrant that you provide accurate, complete, and current registration information. Registrants must be at least 18 years of age.
Restriction, Suspension or Termination
Upstart reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to compensate you in any way.
Upstart may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
Disclaimer of Warrantees
THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER UPSTART, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER UPSTART NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES UPSTART, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER UPSTART NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold UPSTART, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions.
The Terms and Conditions shall be construed in accordance with the laws of the State of Victoria, Australia.
The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.