Terms of Use

Website Terms of Use

Version 1.10

The Lending Guide website located at https://lendingguide.com.au/ is a copyrighted work belonging to Uptick Marketing Pty Ltd. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Introduction

This Website is owned and operated by Uptick Marketing Pty Ltd (‘Uptick Marketing’, ‘we’, ‘our’ or ‘us’). You can visit our Website www.uptickmarketing.com.au 

You should read these Terms and Conditions (‘Terms’) carefully before using the Lending Guide 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.lendingguide.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 – Privacy Officer 

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 (0)410 052 251

Email: oscar@uptickmarketing.com.au

Address: The Privacy Officer, C/o Uptick Marketing. Observatory Tower. 168 Kent 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.

Access to the Site

Subject to these Terms. Uptick Marketing grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive Website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Uptick Marketing reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that Uptick Marketing will not be held liable to you or any third-party for any change, interruption, or termination of the Website or any part.

No Support or Maintenance. You agree that Uptick Marketing will have no obligation to provide you with any support in connection with the Website.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Uptick Marketing or Uptick Marketing’s suppliers. Note that these Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2. Uptick Marketing and its suppliers reserve all rights not granted in these Terms.

Disclaimers

The Website is provided on an “as-is” and “as available” basis, and Uptick Marketing and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Website, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Copyright Policy.

Uptick Marketing respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Website who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our Website. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Uptick Marketing or any of it’s Service Providers that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Uptick Marketing, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. 

A Notice to Uptick Marketing should be sent to: 

Observatory Tower. 168 Kent St, Sydney, NSW 2000. 

After the Notice is received, you and Uptick Marketing may attempt to resolve the claim or dispute informally. If you and Uptick Marketing do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled. Uptick Marketing’s jurisdiction for any arbitration is within Australia and the state of New South Wales.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Electronic Communications. The communications between you and Uptick Marketing use electronic means, whether you use the website or send us emails, or whether Uptick Marketing posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Uptick Marketing in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Uptick Marketing provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Uptick Marketing is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Uptick Marketing’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Uptick Marketing may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the website are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: Observatory Tower. 168 Kent St, Sydney, NSW 2000

Email: info@lendingguide.com.aLe