Terms of Use

TurnUp Pty Ltd provides you with use of and access to our systems ("the Systems") subject to these Terms of use and our Privacy Policy. By using, browsing or otherwise accessing the Systems, you agree to be bound by these Terms of use and our Privacy Policy.

In these Terms:

  • ‘person’ means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
  • ‘Personal Information’ has the meaning given in the Privacy Policy;
  • ‘Privacy Policy’ means our Privacy Policy as amended from time to time;
  • ‘Third Party Content’ means web sites, platforms, content, products, services, and information of other parties including content provided to us by links to sites owned by other parties;
  • ‘System Information’ mean content and information contained in, displayed on or accessible through the Systems, including content or information generated on the Systems by us or on our behalf and any Third Party Content;
  • ‘Systems’ means www.TurnUp.io and the TurnUp iOS apps including all password protected areas, all related top-level domains, mobile sites, apps, APIs and widgets; and ‘you’ means the person using, browsing or otherwise accessing any content or data on the Systems.

We reserve the right to change these Terms by publishing new Terms on the Systems. Your use of the Systems constitutes your acceptance of these Terms as amended from time to time.

Should you object to any of our Terms or other notices on the Systems your sole option is to immediately cease your use of the Systems.

INTELLECTUAL PROPERTY AND OWNERSHIP OF CONTENT

Unless indicated otherwise all content and materials in any format on the Systems and all intellectual property in the Systems is owned or licensed by us.

Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Systems and will not modify, copy, republish, frame, distribute or communicate any part of the Systems or any information contained on or in the Systems without our written consent or otherwise use the Systems in a way which will infringe our intellectual property or other rights.

We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access our services. You may only reproduce or use our copyright material for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

RESTRICTIONS ON USE OF THE SYSTEMS

In accessing or using the Systems you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, scrape, or index the Systems or any content on the Systems without our express written consent;
  • use any device, software, process or means to interfere or attempt to interfere with the proper working of the Systems;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
  • use or index any content or data on the Systems for purposes of competing with us in any manner that we have not specifically authorised;
  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  • pose as any person or entity or attempt to solicit money, passwords or Personal Information from any person;
  • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the websites or any content on the websites, except as expressly authorised by us;
  • transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
  • use the Systems or any content from the Systems in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
  • act in breach of any term or condition of use or other condition imposed by us or any law.
  • We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Systems, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.

REPORTING VIOLATIONS

You may report any suspected violation of these Terms to us by using the following email link support@turnup.io. We will investigate the matters and take any actions we consider appropriate.

THIRD PARTY CONTENT

The Systems may contain Third Party Content.

We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.

Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.

We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.

The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the Terms applicable to such content as specified by such owner, author or provider.

PRIVACY

Our Privacy Policy is incorporated into these Terms.

COOKIES

Cookies are small pieces of information captured when your device is used to access online content. Our Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to experience all features of the Systems.

DISCLAIMER

Except as otherwise required by law:

  • the Systems are provided ‘as is’ and ‘as available’ without any express or implied warranty;
  • we make no representations and give no warranties in respect of the System Information including that such information is reliable, accurate, suitable for your purposes or without errors, omissions or viruses;
  • we make no representations and give no warranties in respect of the means of accessing any System Information, including software operating in connection with the Systems; and
  • we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Systems.
  • We do not guarantee continuous, uninterrupted or secure access to the Systems.
  • we take no responsibility for the accuracy of the email addresses you enter, or the delivery of any email communications (including invitations) to any address provided.

You acknowledge that access and use of the Systems (including the software operating in connection with the Systems) may be interfered with by numerous factors outside of our control.

We cannot ensure that any files you download from the Systems will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your clients) in relation to your use of the Systems.

LIMITATION OF LIABILITY

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Systems, your reliance on anything contained in or omitted from the Systems, being unable to access the Systems for any reason (including our negligence) or the failure of the Systems for whatever reason (including our negligence).

Subject to the Terms set out below under the heading 'Australian Consumer Law' and to the maximum extent permitted by law, our maximum liability for all claims related to the Systems and your use of the Systems will be the lesser of an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim and $5,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.

INDEMNITY

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.

AUSTRALIAN CONSUMER LAW

If you constitute a consumer under the Australian Consumer Law while using the Systems, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Systems. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.

GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.