Terms & Conditions

Updated 30th April 2012

The information contained and accessed on Upside.Digital is provided by Upside.Digital Pty Ltd, ABN 65 139 669 248, and is intended to offer the user general information of interest only.

COPYRIGHT AND TRADEMARKS

Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under licence or applicable law. You may make a temporary copy of part or all of this website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed.

You may not, in any form, or by any means:
• otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this website;
• cause any of the Material to be framed or embedded in another website; or
• commercialise any information, products or services on this website;
except with our prior consent written or as permitted by applicable copyright legislation.

LIMITATION OF LIABILITY

Upside.Digital Pty Ltd does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided “as is” without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall Upside.Digital, its partners, directors, employees, agents or its related corporate entities be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including, but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to contract, statute, negligence or other tortious actions, arising out of or in connection with the Site, any content on or accessed by use of the Site, or any copying, display or other use hereof.

LINKS TO OR FROM OTHER SITES

This website may contain links to websites controlled or produced by third parties. Except as indicated, we do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.

APPLICABLE LAW

These conditions and all other specific and additional terms which govern your use and access to the Site will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.

ANTI-SPAM POLICY

At Upside.Digital, we are aware of our responsibilities as a good Internet citizen and are dedicated to protecting the privacy rights of other Internet citizens. We vigorously oppose the sending of unsolicited email (spam).

Upside.Digital does not allow anyone to use our services for the purpose of sending spam. We refuse business from known spammers. If a current Upside.Digital customer uses our services to spam anyone, that customer′s service will be voided without refund.

It is a requirement that each email message sent out from Upside.Digital includes an easy way for subscribers to remove themselves via an unsubscribe link. If a recipient calls our offices and requests to be manually removed from a customer′s list, we will manually unsubscribe the recipient from the customer′s account.

Upside.Digital may determine at its sole discretion whether a customer is spamming. There are a number of factors Upside.Digital uses to determine whether a customer is spamming, including, but not limited to: complaints sent to abuse report addresses, SpamCop reports, complaints sent to any of Upside.Digital’s upstream providers, and evaluating a customer′s mass email statistics and recipient addresses. Decisions made by Upside.Digital personnel regarding a customer′s use of Upside.Digital are final.

Any customer that sends spam is in violation of this Anti–Spam policy.

To ask questions about this Anti–Spam Policy, or to report spamming activity by one of our customers, please contact our privacy department at: Upside.Digital Pty Ltd, Suite 406, 39 East Esplanade, Manly, NSW, 2095, Australia Alternatively you can use the Contact Us form on this site.of Upside.Digital′s website is an infringement of copyright.