Terms of Use

 

 

Last updated: 15 January 2024

1. Usage Terms

(a) We appreciate your visit to our website. This site is managed by UpTrade (ABN: 49 672 404 929) located at Level 2, 306 Collins St, Melbourne VIC 3000, Australia (referred to as “we,” “us,” and “our”). Please carefully review these terms of use, which apply to your interaction with this website, any affiliated sites (uptrade.au) and its content,

(b) Your use of the Website signifies your agreement to adhere to these terms of use. If you disagree with these terms of use, kindly discontinue using our website immediately.

(c) By clicking “I Agree,” creating an account, or accessing any part of the Services (as defined in our Terms of Business available here: (uptrade.au/terms-of-business), you are also bound by these terms of use. If you don’t agree with these terms, please refrain from using the Services.

(d) We may update these terms of use periodically. Any revisions will be announced on the Website.

(e) You can reach out to us by calling:

     Phone: 61 413 342 200

or

     Completing the contact form at uptrade.au/contact-us.

2. Registration

2.1. Registration

(a) Registering on the Website is optional. However, certain features and services may require registration.

(b) When you register, we may provide you with an initial password (which you may change later) and a personal customer identification. Keep your customer ID and password confidential; do not share them with anyone. If you forget your password, you can request a reminder email sent to your registered email address.

(c) You can cancel your registration by notifying us at support@uptrade.au and providing your customer identification.

(d) We reserve the right to temporarily or permanently suspend or cancel your registration if you violate these terms of use or any other agreement with us.

2.2. Eligibility

To create an account, you must be of legal age. By creating an account and using the Services, you confirm that you meet the age requirements.

3. Use of Website Content

(a) The Website is protected by copyright and potentially other intellectual property rights.

(b) You are granted a limited, non-transferable license to access and use the Website solely for personal, non-commercial purposes.

(c) We (or our licensors) retain all rights, title, and interest in the Website. Your actions on or related to the Website do not grant you intellectual property rights, except as expressly stated in paragraph (b).

(d) Any use or copying of the Website for other purposes is expressly prohibited unless you obtain prior written consent from us. Contact us at mailto:support@uptrade.au for consent.

(e) Subject to applicable law, we can revoke the permissions stated in paragraphs (b) and (d) at any time and may suspend or deny your access to the Website without notice if you violate these terms of use or any other agreement with us.

4. Linking to Our Website

(a) We encourage you to link to our Website. You may use the name “uptrade.au,” “UpTrade,” or “Uptrade PTY LTD” or any variation in your link text. However, you cannot use the Uptrade PTY LTD logo or our other trademarks without our prior written consent.

(b) Do not frame our Website or imply that any part of the Website belongs to anyone else.

(c) If we object to the way you provide links to our Website, you must cease providing such links immediately.

5. Accuracy and Completeness of Content

(a) Some information on the Website may come from third parties, including references in our blogs. While we consider these third parties reliable sources, we cannot guarantee the information’s accuracy, timeliness, or completeness.

(b) Material provided and views expressed by other users of the Website belong to those users and not us.

(c) Unless otherwise noted, the information on this website (Information) is provided for general informational purposes only and is not intended to be taken as advice or a recommendation. We make this Information available in good faith, derived from believed reliable and accurate sources. However, we do not warrant the Information’s accuracy, reliability, or completeness and accept no responsibility for updating or correcting any part of the Information.

(d) We are not liable for any errors, omissions, or misrepresentations related to the Information, or any losses, damages, costs, or expenses incurred by any person, regardless of the cause.

6. User Content

(a) Do not submit any material through the Website (Your Content) that:

     (i) Violates another person’s intellectual property or other rights;

     (ii) Is defamatory, offensive, abusive, pornographic, profane, or otherwise illegal, including material that promotes hate, incites violence, or insults or humiliates based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability;

     (iii) Involves unlawful conduct;

     (iv) Poses a privacy or security risk to any person, including by soliciting personal information;

     (v) Solicits money from any person;

     (vi) Is false, misleading, or deceptive;

     (vii) Contains financial, legal, medical, or other professional advice;

     (viii) Harms, abuses, harasses, threatens, or offends;

     (ix) Reflects negatively on us, including our goodwill, name, and reputation;

     (x) Interferes with, hinders the operation of, or makes unauthorized modifications to the Website;

    (xi) Violates any applicable laws; or would result in civil or criminal liability for you, us, or any third party.

(b) By providing Your Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual license (including a right to sublicense) to use, copy, modify, and otherwise utilize Your Content for our Website’s provision and promotion. You also warrant that you have the right to grant such a license.

(c) You agree to indemnify and hold us, including our directors, officers, employees, and contractors, harmless from any third-party claims arising from Your Content.

(d) We may review, modify, or remove Your Content without notice if we believe it violates these terms of use.

(e) The Website is not designed for long-term storage. You are responsible for securing and backing up Your Content.

7. General Restrictions

While using the Website,

 you must not:

(a) Provide us with inaccurate or incomplete information;

(b) Violate any applicable laws or use the Website for unlawful purposes;

(c) Interfere with the Website, including distributing viruses, spyware, or other harmful software that could damage computer hardware or software;

(d) Attempt to reverse engineer, decompile, or discover the source code of the Website;

(e) Collect or store data about other Website users;

(f) Engage in any conduct that hinders other individuals from enjoying the Website.

8. Warranties and Liability

(a) All express or implied guarantees, warranties, representations, terms, and conditions relating to these terms of use and the Website that are not contained in these terms are excluded to the fullest extent permitted by law.

(b) In particular, and without limiting paragraph (a):

     (i) We aim to provide a convenient and functional Website but do not guarantee your specific needs will be met or that your use will be uninterrupted, error-free, or virus-free.

     (ii) We are not responsible for any loss, corruption, or interception of data sent to or from our Website outside our computer systems, such as data sent over the internet.

(c) We recommend you install up-to-date anti-virus, anti-spyware, and firewall software on your computer.

(d) Nothing in these terms of use excludes or limits any guarantee, term, condition, warranty, or right imposed or implied by legislation that cannot be excluded or limited by law, including the Australian Consumer Law, which provides guarantees that protect consumers in certain situations.

(e) If a Non-Excludable Provision is implied into these terms of use under the Australian Consumer Law or other applicable laws, and we are able to limit your remedy for a breach of the Non-Excludable Provision, our liability for such a breach is limited to supplying the services again or paying for the cost of having the services supplied again.

(f) Except for paragraphs (g) and (h) and our obligations under Non-Excludable Provisions, to the maximum extent permitted by law, our maximum aggregate liability for all claims related to these terms of use or the Website in contract, tort (including negligence), equity, statute, indemnity, fundamental breach, or other basis is limited to AUD $50.

(g) To the fullest extent allowed by law, we are not liable for:

     (i) Special, indirect, consequential, incidental, or punitive damages;

     (ii) Damages for loss of profits, revenue, goodwill, anticipated savings, or loss or corruption of data;

No matter the basis of the claim or whether the loss or damage was foreseeable, even if you were advised of the possibility of the loss or damage.

(h) Our liability is reduced to the extent that your actions or omissions (or those of a third party) contribute to or cause the loss or liability.

9. Website Changes

We may modify, alter, or discontinue, temporarily or permanently, any or all parts of the Website at any time without notice.

10. Links and Advertisements

The Website may include links to other third-party websites and advertisements that contain embedded links for informational purposes. We do not endorse or approve the content or accuracy of these external sites. Use them at your own risk and according to their terms and conditions.

11. Privacy

(a) By using the Website, you may provide us with personal information. You grant us consent to collect, store, use, and disclose this personal information as per our privacy policy at uptrade.au/privacy-policy.

(b) Our privacy policy explains:

     (i) How we store and use your personal information;

     (ii) How you can access and correct your personal information;

     (iii) How to lodge a complaint regarding your personal information’s handling;

(c) You can update your personal information by emailing support@uptrade.au.

12. Reporting Infringing or Objectionable Content

If you find objectionable or infringing elements on the Website, please contact us at support@uptrade.au and provide detailed information about the content and why it is objectionable or infringing.

13. No Advice

(a) Unless specified otherwise:

     (i) All text, images, audio recordings, video recordings, and other information and content (Materials) on the Website are provided for general information only and do not constitute financial advice regarding cryptocurrencies or any financial product. They do not offer, solicit, recommend, or invite you to buy, sell, or engage with cryptocurrencies or any financial product.

(b) All statements, representations, estimates, projections, or forecasts made on the Website by any other person do not represent our opinion or endorsement.

(c) Before relying on any Materials on the Website, we strongly recommend that you:

     (i) Conduct your investigations and research;

    (ii) Seek independent professional advice from qualified advisors for legal, accounting, tax, financial, technical, and other matters.

14. General

(a) Additional terms and conditions may apply to specific parts, services, or features of the Website, which take precedence over these terms of use.

(b) If any part of these terms of use is unenforceable, the unenforceable part will be enforced to the fullest extent possible, and the remainder will remain in full force and effect.

(c) These terms of use are governed by the laws of Victoria, Australia. If you are not an Australian resident, both parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

(d) These terms of use do not limit any liability we or you may have regarding communications made before these terms of use, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).

(e) Except for paragraph (d), these terms of use supersede all previous agreements, understandings, negotiations, representations, and warranties regarding the subject matter and constitute the entire agreement between the parties regarding the subject matter.

(f) Neither party will be liable for any failure or delay in fulfilling their obligations under these terms due to circumstances beyond their reasonable control.

(g) Your use of the Website is conducted electronically, and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

(h) The word “including” in these terms of use is not a term of limitation.