These terms and conditions (the website "Terms of Service") govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you access our website, use our website, register with our website, submit any material to our website or use any of our website services, we may ask you to expressly agree to these terms and conditions.
You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
By using our website or agreeing to these terms and conditions, you consent to our use and handling of your personal information in accordance with the terms of our privacy policy.
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
We do not warrant that our website complies with the applicable laws or regulations of any jurisdiction outside Switzerland.
If you are resident or situated outside Switzerland, you must not access or use our website unless you are lawfully able to do so.
Subject to Section 17.1, we do not accept any liability for any loss or damage resulting from, or related to, the availability of our website or any of our website content to persons resident or situated outside Switzerland.
Copyright © 2014-2016 Upbias.com
Subject to the express provisions of these terms and conditions:
You must not in any circumstances use this website and the material on this website to compete with us, whether directly or indirectly; or use this website and the material on this website for a commercial purpose unless you obtain from us a 'commercial usage' license.
You may request permission to use the copyright materials on this website by writing to compliance@upbias.com.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to compliance@upbias.com.
If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to compliance@upbias.com.
You may:
subject to the other provisions of these terms and conditions.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
You must not use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).
You must not use our website to give professional advice, including financial advice, advice concerning particular investments or investment decisions, accountancy advice, tax advice or legal advice.
To use our website, you do not need to register.
To use our website, you do not need any user IDs or passwords.
We may:
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
In respect of information provided by others, we act as a mere conduit for that information and we do not select, monitor, edit, modify, review, evaluate or otherwise oversee that information or the publication of that information on our website.
Subject to Section 17.1, we will not be liable to you in respect of any damage, expense or other loss you may suffer arising out of information provided by others or any reliance you may place upon such information.
Any arrangements between you and any third party encountered through our website are at your sole risk.
To become a subscriber to our website services you must pay the applicable subscription fees during the subscription process. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.
You will have the opportunity to identify and correct input errors prior to making your order by reviewing the order details page before submitting your order.
For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.
At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our payment services provider website before the date of renewal.
The fees in respect of our website services will be as set out on the website from time to time.
All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
(13.6) If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 30 days following the date of our written request:
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.
(13.7) If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
You can let us know by email to compliance@upbias.com.
Nothing on this website constitutes or is intended to constitute:
You should take professional financial advice in connection with, or independently research and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an investment decision or otherwise.
We would like to draw your attention to the following investment warnings:
We are not regulated under any financial services law.
The information on our website is provided for information purposes only and is provided "as is" and on an "as available" basis.
Your use of the information on this website is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of the information.
We do not warrant or represent:
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
(17.1) Nothing in these terms and conditions will:
(17.2) The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
We have no control over third party websites and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these terms and conditions from time to time.
The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
Subject to Section 17.1, these terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
These terms and conditions shall be governed by and construed in accordance with the Swiss law.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.
Our principal place of business is in Switzerland.
You can contact us by email to compliance@upbias.com.