Terms of Service

This website is owned and operated by Upward Enterprises. These Terms of Service outline the terms and conditions upon which you can use our website to create your account and engage with a range of free and fee for service activities on the Upward Enterprises website.

1. ACCEPTING OUR TERMS OF SERVICE

By creating an account or engaging in activities on our website, or ticking the box next to the words “I agree to the Terms of Service” on our website, you signify that you accept the Terms of Service, Community Guidelines and Privacy Policy, and agree to be bound by them.

2. CREATING A CAMPAIGN OR ACTIVITY

2.1 If you would like to use our website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current, and complete.

2.2 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account.

2.3 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

2.4 When you provide us with your email address and your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):

  1. from the individuals and organisations who have represented Upward Enterprises with you;
  2. from us in relation to your complimentary preliminary consultation and any following paid or unpaid consultations or projects created by us, for you and derived from activities you are involved with on our website; and
  3. from our related bodies corporate and trusted partners in relation to other activities, applications, or projects that we think may be of interest to you and that you have committed to.

2.5 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

2.6 As the creator of an account with Upward Enterprises, you may have access to a range of contacts. This could include the names, email addresses and phone numbers and other personal information of individuals involved in your various activities with us, (either for him/herself) or on behalf of a third-party organisation or Upward Enterprises itself.

2.7 You may use these “Contacts” for the sole purpose of sharing information directly relating to your activities with us (such as sending or receiving updates and all other communications) and/or other similarly related advisory, education, or consulting activities. You must not send more than 3 messages per week to any individual or organisation Upward Enterprises and you are working with. You must not share the Contacts' Details with any other individual or organisation external to your own without authorisation and the prior written approval of Upward Enterprises.

2.8 You must immediately stop sending messages (including by email, SMS, and MMS) to anyone who asks to be unsubscribed from your communications who does work (or has worked) with Upward Enterprises in any capacity related to your activities with Upward Enterprises.

2.9 You acknowledge that Upward Enterprises, it’s representatives and / or trusted partners have no control over the messages sent to you by the individuals or organisations who work with us. However, we acknowledge that any inappropriate or inaccurate communications to yourself by any individual, group or entity that works on behalf of (or with) Upward Enterprises to yourself must be reported to Upward Enterprises in a timely manner. Upward Enterprises prides itself on timely and accurate information being always provided to our clients and we need to know immediately when this standard is not met.

2.10 You release and forever discharge us from any liability, action, claim, loss, or damage you suffer or incur relating to, or in connection with, any activities you create on our website and any messages you receive from other users of our website.

3. YOUR ACTIVITIES  ON OUR WEBSITE

3.1 If you would like to be involved in any activities on the Upward Enterprises website, you must provide us with information about said activities that is true, current, and complete. You will be automatically given a limited capability account with Upward Enterprises when receiving your complimentary strategic intentions diagnostic report. For further paid services for your activities with Upward Enterprises you will need to provide more details in your account with us.

3.2 When you provide us with your email address and your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS) from:

  1. the relevant Advisor delegated to advise on your complimentary strategic intentions diagnostic report and in relation to the feedback information you have provided;
  2. any further paid or unpaid activities and /or projects you have created on our website;
  3. our related bodies corporate and trusted partners in relation to other projects and / or activities you have confirmed in writing to us that you may be interested in.

3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

3.4 You acknowledge that:

  1. when you create or involve yourself in any activity on our website, that may include; your name, email address, post code, mobile phone number and any other details you have supplied, that they will be made available to the creator and or advisor of the said activity;
  2. the creator or advisor of the activity may export the activity, together with any information you have provided on our website in connection with the activity (including your name, postal address, email, post code, phone number and comments), and provide the activity to a relevant individual or organisation we propose to be involved in your activity. This may or may not include communications and the displaying (publicly on our website) of your involvement in any activity. Notwithstanding, that any such communications or display will first require your prior approval and;
  3. At our discretion, we will disclose your email address to the creator or advisor of the activity for Upward Enterprises ,for the purpose of providing it to relevant decision makers, or presenting the activity to relevant individuals or organisations, that Upward Enterprises believes can contribute to a successful outcome for said activities and;
  4. we have control over the messages sent to you by the creator or advisor and all other relevant parties of any activities facilitated on the Upward Enterprises website by yourself.

3.5 You release and forever discharge us from any liability, action, claim, loss, or damage you suffer or incur relating to, or in connection with your involvement in any activity on our website (including any messages you receive from the creator and / or advisor of an activity) and any messages you receive from other users of our website.

4. YOUR CONTENT

4.1 You warrant that all text, images and other content you post on our website (Your Content) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website.

4.2 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any activity you have created on our website or any of Your Content which we believe violates these Terms of Service or which may be offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others.

4.3 By submitting and posting your content on our website, you give us and our related bodies corporate a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting Upward Enterprises products and services. However, all identifying information or images will be deleted from said content  before this occurs.

5. USING OUR WEBSITE

5.1 Our website is available for your personal and commercial use.

5.2 We do not endorse or authorise any activities on our website produced by yourself or other third parties related to your activities.

5.3 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of our website.

5.4 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose.

5.5 We update and carry out maintenance on our website regularly, so we may have to suspend access, service, or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.

5.6 Our website may contain links to third party sites and resources. We have no control over those sites and will not be liable for any loss or damage you suffer or incur when you use a third-party site or resource.

5.7 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, images, and trademarks unless that infringes your prior legal or intellectual rights.

5.8 The site may not be used to garner votes for any political party or candidate.

6. CLOSING YOUR ACCOUNT

6.1 We may suspend or cancel your account if you fail to comply with your obligations under these Terms of Service.

6.2 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular back-ups of Your Content.

7. LIABILITY

7.1 You use our website at your sole risk.

7.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete, or current. However, the security of our clients’ records is central to our organisations physical, digital and systems policies and practices.

7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.

7.4 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise).

7.5 You indemnify us against all liability, action, claim, loss, or damage arising out of, or in connection with, your activities, your content, your use of (or inability to use) our website, any breach of our Terms of Service, your conduct with respect to our website and other users of our website, an activity run through this website or any other act or omission which resulted in the claim being brought.

7.6 To the extent permitted by law, our maximum liability to you will be limited to the lesser of the total amount paid by you (if any) for any chargeable service or feature on the website or AUD$100.

8. GENERAL TERMS

8.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website and notify all individuals or entities of these changes. Your continued use of our website will be deemed to constitute your acceptance of such changes.

8.2 These Terms of Service set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications.

8.3 There is no relationship of employment, partnership, agency or fiduciaries between you and Upward Enterprises.

8.4 This agreement is governed by and construed under the laws of Australia.

8.5 This agreement is subject to the laws of Australia. The Australian courts will have exclusive jurisdiction in relation to any disputes relating to or arising out of your activities with Upward Enterprises which cannot be solved amicably or through mediation.

8.6 Upward Enterprises shall have the right to remove or suppress, either temporarily or permanently, any content and/or activity that it deems, in its sole discretion, inappropriate and/or in violation of the terms or spirit of the website. As determined by sole discretion of Upward Enterprises, anything that:

  • infringes upon or violates any third-party rights, including intellectual property rights, privacy rights, or publicity rights of others;
  • promotes and/or encourages illegal or unlawful activity in any country;
  • is defamatory, libellous, or slanderous in nature;
  • advocates hate, bigotry, violence, abuse, threats, or harm against any group, individual or entity;
  • harasses or encourages others to harass any group, individual or entity;
  • is racially, ethnically, or otherwise objectionable;
  • is vulgar, obscene, profane, pornographic, and/or otherwise offensive in nature;
  • solicits funds for or contributions to any candidate, group, organization, committee, or entity of any kind;
  • discloses third-party confidential, private, or trade secret information;
  • violates any right or duty under any law or under contractual or fiduciary relationships, (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and all other activities you are involved with Upward Enterprises. This will include your complimentary strategic intentions diagnostic activities and all relevant communication therein);
  • is fraudulent or substantially untrue;
  • is commercial in nature or commercially sensitive in nature.

8.7 Upward Enterprises reserves the right to remove or suppress, temporarily or permanently, any content that we believe:

  • violates our standards, rules, and terms & conditions (listed above);
  • is written in a language other than English and we reasonably suspect violates the standards, rules, and terms & conditions ;
  • replicates another activity already in use; and/or
  • does not fit the purpose of the Upward Enterprises.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to Upward Enterprises at rod.upward@upwardenterprises.com.au