Introduction

This Website is owned and operated by Uptick Marketing (‘Uptick Marketing’, ‘we’, ‘our’ or ‘us’).

You should read these Terms and Conditions (‘Terms’) carefully before using the Uptick Marketing website and related services (‘Website’), as by accessing, browsing or using the Website you will be deemed to have agreed to them. If you do not agree to be bound by these terms, do not use this Website. All information posted is merely for educational and informational purposes. It is not intended as a substitute for professional advice. Should you decide to act upon any information on this website, you do so at your own risk. While the information on this website has been verified to the best of our abilities, we cannot guarantee that there are no mistakes or errors.

Please note that these Terms apply for Website use only. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be presented to you for your acceptance if you enter into a business client or contractor agreement with us. If there is any inconsistency, that agreement will prevail to the extent of the inconsistency.

Terms may be changed without notice from time to time, so you should refer to them regularly. Please see the beginning of the Terms to determine the date of the last revision. By continuing to use the Website after the Terms have been varied, you will be deemed to have agreed to be bound by the variation.

Please read these Terms in conjunction with our Privacy Policy, as updated by us from time to time, accessible at Privacy which forms part of these Terms.

General Terms

1. Intellectual Property

All material and content (collectively referred to as ‘Content’) on or via the Website including but not limited to any and all brands, logos, images, taglines, registered or unregistered trademarks, service marks, designs and products are Uptick Marketing’s property or its licensors’ property, and subject to copyright, trade mark and other intellectual property protection.

Unless otherwise indicated, all rights (including copyright) in all Content, other material contained in, or used to create or support, the Website, including text, graphics, logos, button icons, photos, video images, audio clips, code, and navigational and other software are owned and controlled and are reserved by Uptick Marketing or its licensors.

You can copy Content for your own personal use but you must not republish, copy, reproduce, transmit, distribute, sell, modify, adapt or use any part of the Website or any Content on or via the Website in any other way, without Uptick Marketing’s permission or as otherwise expressly permitted by the Website.

2. Use of the Website

This Website and content is provided to facilitate business transactions. You are only permitted to use our Website as expressly authorised by these Terms.

You agree that you will not use the Website for any purpose that is unlawful and will comply with all relevant laws and regulations. In particular you agree you will not:

1. use the Website to send junk email, spam or engage in unlawful marketing such as pyramid schemes;
2. collect information of third parties by automated means (such as robots, spiders or scrapers) without permission;
3. transmit or upload any material that contains viruses or any other harmful code;
4. breach any laws or any copyright, patent, trade secret or other intellectual property, proprietary or privacy rights of any other party, or post any content that is copyright protected without the copyright owner’s written permission to use it;
5. interfere with, impair or disrupt the Website, or attempt to gain unauthorised access to any accounts, systems, services or information;
6. restrict or inhibit any other user from using or enjoying the Website;
7. post or supply for publication via the Website any false, inaccurate, misleading, defamatory, discriminatory, racist, threatening, violent, obscene, offensive, obscene, graphic, pornographic, indecent, fraudulent or unlawful material; or
8. misrepresent your identity or affiliation with any person or organisation.
   Uptick Marketing reserves the right to take action as it deems appropriate in cases where the Website is used in breach of these Terms.

To the fullest extent permitted by you, you indemnify Uptick Marketing including its related companies, affiliates, licensors and licensees, and its respective directors, officers, managements, employees, agents and contractors from and against all loss damage (including legal fees on a full indemnity basis), claims, demands, suits, liabilities, proceedings or actions that may arise or are incurred or suffered by you in connection with your use or access of the Website or any breach of these Terms.

3. Proprietary Rights

By agreeing to these Website Terms, you agree that any and all information or content provided by you to any public area of the website, immediately grants, and you represent that and warrant that you have the right to grant, to Uptick Marketing and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publically display and distribute such information and content, and to prepare derivative works of, and to grant and authorise sublicences of the foregoing.

From time to time, we may create, test or implement new features or services on this Website in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

4. Liability

You are responsible for your use of the Website. The Website is provided on an ‘as is’ basis and is used at your own risk. While Uptick Marketing has used its best endeavours to ensure that the information we have provided through the Website is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, we do not, nor do our affiliated companies and respective directors, employees, agents and contractors:

1. make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; or
2. warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory guarantees provided in the states and territories of Australia (‘Non-Excludable Guarantees’). The limitations outlined in these terms will not operate to the extent that they are inconsistent with the Non-Excludable Guarantees.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, to the fullest extent permitted by law, Uptick Marketing, its officers, management, employees, agents and contractors, exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to the use, inability to use, or performance of the Website, any information, content, material, products or services made available via the Website, including without limitation any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of the Website, or any damage to any computer or device.

5. Indemnity

You agree to indemnify and keep Uptick Marketing, its affiliated companies, officers, employees, agents and contractors indemnified (“those indemnified”), in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the violation of these Terms by you, or the violation of the terms of any Third Party or Third Party Software Product provider (see clause 7), or the infringement by you, of any intellectual property or other right of any person or entity.

6. Governing law and jurisdiction

These Terms are governed by and to be construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia. Uptick Marketing’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

7. Links to Third-Parties, and Third Party Software Products

The Website may provide links or references to other sites or services originating from other companies, individuals or organisations (collectively referred to as ‘Third-parties’). Uptick Marketing provides these links or references to you as a convenience, and does not make any warranties or representations about these websites or services or endorse these websites or services. You agree that Uptick Marketing will have no responsibility for the content or operation of any such websites or services and shall not be liable for any damage or injury relating to access to or use of such websites or services. Your linking to any off-site pages is at your own risk.

The Website may also require you to select and connect or interact with a third party software product, such as an e-invoicing or account software product (a ‘Third Party Software Product’). To be able to connect or interact with a Third Party Software Product, you:

1. will need to have, and actually be signed-in to, an active user account for that Third Party
2. Software Product; and
   will be exclusively responsible for:
   1. Third Party Software Product account registration;
   2. Keeping the Third Party Software Product active;
   3. Choosing to connect, interact with and use the Third Party Software Product; and
   4. The payment of any fees and charges resulting from your use of and interaction with the Third Party Software Product.

Uptick Marketing has no affiliation with, nor control over, the policies or practices of any Third Party Software Product or Third Party Software Product provider. You acknowledge and agree to view, and be bound by, the terms and conditions of use and privacy policy of any Third Party Software Product that you use or connect with and you agree to indemnify and keep Uptick Marketing indemnified from any and all liability that may arise from your use of, and connection to, a Third Party Software Product.

External links disclaimer www.uptickmarketing.com.au website may contain links to external websites that are not provided or maintained by or in any way affiliated with Uptick Marketing. Please note that Uptick Marketing does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

8. Termination and Changes

Uptick Marketing may modify, suspend or discontinue the services available on the Website, or remove, modify, edit or supplement any Content on the Website, at any time without notice in our absolute discretion.

We may end, suspend or restrict use to any part or all of the Website at any time, for any reason in our discretion including breach of these Terms, with or without notice.

The liability and indemnity provisions provided in these Terms will survive termination and all rights granted to us herein are otherwise reserved.

9. Contact us

If you have any questions, comments, feedback, or want to report any breaches of these Terms, we would love to hear from you. Please contact our Privacy Officer as follows:

Phone: +61 410 052 251

Email: oscar@uptickmarketing.com.au

Address: The Privacy Officer, C/o Uptick Marketing. Suite 302/82-88 Elizabeth St, Sydney NSW 2000

We take such matters very seriously and we shall respond to any such concerns with you directly in a prompt manner.