Terms and Conditions

General Terms and Conditions For the Provision Of Products And Services

TERMS AND CONDITIONS FOR IPAD COMPETITION
TERMS AND CONDITIONS FOR THE WEEKLY PRIZE DRAW
TERMS AND CONDITIONS FOR $50,000 DRAW

DISCLAIMER: THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SUBSTITUTED FOR LEGAL ADVICE.

Terms of Sale Entire Agreement

This agreement constitutes the entire and only agreement between the parties relating to the subject matter of this agreement and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating to or in connection with this agreement. GetUpGo reserves the right to amend these Terms and Conditions at any time.

Definitions

In these Terms of Sale:

"Content" means logos, ringtones, pictures, videos, mobile videos, video-cards, mobile-cards, mobile gadgets, games, graphics, recorded music and sounds, blogs, comments, feedback, images or other such content available through GetUpGo by visiting the website or wapsite, viewing, receiving or responding to promotional material, registering as a member, making a one-off purchase or by subscription to GetUpGo.

"Website" means the website of GetUpGo at www.getupgo.com or any website in the GetUpGo network.

"Wapsite" means the wapsite or mobile site of GetUpGo at http://wap.getupgo.com or any mobile site in the GetUpGo network.
"We" "Us" or "Our" means GetUpGo.
"You" or "Your" means the customer or member.

Acceptance

These Terms of Sale govern your purchase of content and its use. If after 24 hours of your order, your content has not been received by your PC or mobile device, please contact us by calling Customer Service on 1300 651 701 between 9AM-5PM EST, Monday-Friday or by emailing help@getupgo.com.

General

This agreement is personal to you and it does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999. This agreement shall be governed in all respects by, and construed in accordance with, the laws of New South Wales and shall be subject to the exclusive jurisdiction of the Courts of New South Wales.

Membership Services

You can join GetUpGo if you are an individual resident in Australia and are aged 14 years or above. If you are under 16 years of age you must have permission of your parent or guardian to join. You must also have permission from the bill-payer to join GetUpGo as a Gold or Silver Member or to purchase any items from GetUpGo via premium sms.
You must meet any eligibility criteria set out in these terms (and any others posted on the web or wap site) and have your application for Membership accepted by GetUpGo (acceptance being at GetUpGo’s sole discretion).

Price of the Services

GetUpGo offers registered members a range of Services including SMS, Competitions and access to thousands of items of Premium mobile or other content which are either free or paid (Subscription Service) in accordance with the advertised offer.

Free Services (Basic Members)
On completion and activation of their membership, registered members have the right to access free services on the Websites and Wapsites, to earn credits that can be redeemed for products and services and to take part in special promotions where offered.

Subscription Services (Gold and Silver Club Members)

You must be aged 14 years or over and have permission from the bill-payer to join GetUpGo as a Gold or Silver Club Member. You will be sent SMS message/s that entitle you to download content in accordance with the advertised offer. You may download your content at any point whilst subscribed, however if you do not download within your billing period we do not guarantee downloading of the correct content. For help retrieving your content please call Customer Service on: 1300 651 701 or email help@getupgo.com.

Subscription costs are as advertised for the particular membership type, product or service that you have chosen and may include 2 (two) messages to join, plus 1 (one) or more messages per billing period with a minimum of 2 (two) messages per subscription. Subscription costs are billed directly to your mobile phone. For specific content cost please refer to the advertisement; call Customer Service on 1300 651 701 or email help@getupgo.com. You will be given notice via the WAP site of any changes to the club charge and billing period for your service at which time you may continue or choose to end the service.

To unsubscribe send the word STOP to the shortcode from which your initial SMS was received. If you do not know your shortcode, please call Customer Service on 1300 651 701 or email help@getupgo.com.

Gold and Silver Members who unsubscribe will revert back to Registered Member status however they will retain their credit balance provided they login to GetUpGo within 8 weeks from the date of unsubscribing. If you rejoin GetUpGo as a Gold or Silver member you will not be charged any joining fee however you will be billed your anniversary subscription membership fee.

One-off purchases will be charged in accordance with the advertised price for the particular product or service that you have chosen. Prices may change without notice. For more information call Customer Service on 1300 651 701 or email help@getupgo.com.

Billing

Gold Members subscribe through Premium SMS for $6.60/6 days and Silver Members subscribe through Premium SMS for $4.50/6 days.

Objectionable or explicit content
The Provider is not responsible for any content or materials constituting all or part of any download or any other aspect of the Service that you might find objectionable.

No Warranty

GetUpGo provides the Service 'as is' and without any express or implied warranties and makes no warranty about the accuracy or completeness of the Content on the Site or any third-party site linked from the Site. Users should satisfy themselves through their own enquiries as to the condition or suitability of any item or service offered. GetUpGo excludes all liability to users for loss arising from Content posted on the Site. All warranties of any kind are excluded to the extent permitted by law. Due to factors outside its control, GetUpGo does not guarantee uninterrupted, error-free or secure access to the Site.

Usage of the Services

Users must be over 14 years of age, with full capacity to use the Services. Those under 14 years of age may only use the Services with prior authorisation from their parents, guardians or legal representatives, who shall be responsible for the actions carried out by the persons under their charge. It therefore does not warrant that the Services are used in accordance with applicable law or these General Conditions. It is up to the User to comply with these rules, particularly relating to intellectual and industrial property rights, abstaining from using the Services for unlawful purposes or in a way which is contrary to, or infringes, the rights and interests of GetUpGo or third party rights holders.

In addition, unless GetUpGo has made a system expressly intended for that purpose available to Users, Users must not obtain or attempt to obtain any type of content on the Website, including, without limitation, text, graphics, drawings, sound files, images, photographs or videos. Specifically, GetUpGo forbids any downloads, copies or reproductions of content made by a User unless specifically permitted by GetUpGo.

GetUpGo accepts no liability for any loss or damage of any kind which may arise from the incorrect, illegal or unlawful use by Users of the Services provided by the Club and the contents offered on the Website.

Users shall be solely liable for any messages and content they decide to store, communicate, exchange or make available to other Users through the various Services. Without prejudice to the foregoing, Users may under no circumstances use these Services as a medium on which to infringe the law or third party rights, regardless of their nature (including, without limitation, intellectual and industrial property rights, right to privacy and self image and right to the protection of personal data, among others) and must use all due care and diligence to avoid causing any damage or risk of damage to GetUpGo, other Users or any third parties.

Fair Use Policy

This policy is designed to protect GetUpGo and you, as a customer. GetUpGo reserves the right to cancel a service if you are deemed to have abused the service. "Abuse of the service" is defined as, but not limited to, excessive content requests which leads to over-allocation of system resources and excessive performance of credit earning activities.

Cancellation

Once the content has been downloaded on to your PC or mobile device we cannot provide refunds. You understand that our performance of this agreement will begin immediately you join the service and that we may not refund you in full if you decide to cancel this agreement after the content has been downloaded to your mobile device. You may cancel this agreement, by calling Customer Service on 1300 651 701 by emailing help@getupgo.com; or by sending the word STOP to the shortcode from which your SMS was received. You may be contacted by GetUpGo with further information or offers.

Regarding the sending and receipt of the Services

Services must be requested in accordance with the instructions communicated by GetUpGo to Users and, in particular, must include the exact text stipulated by GetUpGo for each Service from time to time. In addition, in the case of Services requested by mobile phone, the User’s handset must be compatible with, and have the technology required for, each Service (see the “Compatible Mobiles” section).

GetUpGo accepts no liability for any requests which do not include the text stipulated for each Service or which originate from mobiles which are not compatible with the Services.

GetUpGo accepts no liability for any requests or other content sent which is not accepted by the receiving computer, provided that this is due to a cause which is beyond GetUpGo’s control (such as connectivity problems or dropped connections, mistakes in message wording, etc.).

In addition, GetUpGo accepts no liability for any delays affecting the sending of contents to Users, or their quality, since such delays depend on factors completely beyond GetUpGo’s control, such as, among others, network traffic, the operators, the features of the various mobile phones, computers and/or computer tools, and the quality of the content itself when supplied by other Users. Notwithstanding the foregoing, GetUpGo shall use all reasonable endeavours to ensure that content reaches Users at the time it is requested.

Membership Services

Changing Membership Type

There are 3 membership types on GetUpGo. These are Basic, Silver and Gold. Any member of GetUpGo can upgrade or downgrade their membership type at any time. To change their membership type members need to click a link within their account settings and select the membership type that they want to upgrade or downgrade to. To change their membership type a member must tick a box that shows they have read the GetUpGo Terms and Conditions. Members cannot change their membership type by using the mobile WAP site; they must instead always use the website to perform this function.

If a member upgrades their membership type from Basic to either Silver or Gold they must respond to a DOI message on their mobile phone before the GetUpGo system will change their status. This means that the member will not be billed until they have responded to the message. Once a member has responded to the DOI message they will receive a welcome message that notifies them that they have changed their membership type and the billed anniversary messages associated with either the Silver or Gold membership type.

If a member downgrades their membership type they will always retain the credits they earned prior to being downgraded. Whenever a member upgrades or downgrades they will not receive any bonus credits. Bonus credits are only awarded when a member initially registers at GetUpGo.

A Silver or Gold member may voluntarily downgrade their account to Basic by sending the word STOP to the phone number associated with any of the GetUpGo messages they have received on their phone. The downgrade will occur instantly. If the member downgrades from Silver to Basic, they will then receive a rejoin message, private message and an email that notifies them that this downgrade has occurred. The member will also be unsubscribed from marketing messages. If the member decides to respond to the rejoin message they will be instantly resubscribed to their previous membership type. The member will receive a confirmation message that notifies them that they have resubscribed. If the member downgrades from Gold to Silver, they will receive a DOI message for Silver, instead of receiving the rejoin message.

If a Basic member sends STOP to the phone number associated with any of the GetUpGo messages they have received on their phone they will be unsubscribed from marketing messages, however their account will still exist in the system until they contact support and request that their account be permanently deleted. The member will receive a final free message that confirms that they have unsubscribed from GetUpGo.

When GetUpGo receives a failed billing attempt (due to insufficient credit), GetUpGo will send the member a free SMS warning that notifies them that they are in danger of being downgraded to Basic membership. This message will be repeated automatically every 30 days. At the end of the first 30 day period, GetUpGo will downgrade the member to have Basic membership restrictions, although the system will still recognise them as their previous membership type. The member will be notified of this downgrade by a private message and an email. Once a member restores credit to their phone and GetUpGo receives a successful billing attempt, the member will have their previous membership type fully restored automatically.

Members who have received warnings from Moderators because they failed to adhere to the GetUpGo Terms and Conditions may also be downgraded. When this occurs the member will be notified and will be given the opportunity to appeal the decision by contacting customer support and debating the issue. If they are successful, their membership type will be restored and they will be notified accordingly.

Credits Earning and Redeeming

GetUpGo reserves the right to review and approve/decline credits that are earned by users. GetUpGo reserves the right to alter the amount of credits associated with each earning activity. If you do not log into the GetUpGo website or WAP site for a period of 8 weeks, your credits will expire and your balance will return to zero.

Credits Earning

Credits allow users to get products and services from GetUpGo. Credits are earned through subscription fees, performing activities as well as purchasing packs of credits (optional).

Additional Credits can be earned by Members - fair use policy applies.. Credits are not redeemable for cash. If you earn credits through uploading content that you do not have the right to distribute, your credits will be deducted from your account. Upon deleting content submissions the number of reward credits will be subtracted.

The credit amounts earned by Members for performing activities are subject to change. Members will be notified via the wapsite of any changes to credit earning and redeeming. There are also limits on the amount of times that members can earn credits through activities. In order to maintain a quality service and a great community environment for all member submissions are subject to standards imposed by GetUpGo. If submissions are not judged as meeting those standards credits will not be awarded.

Referring a friend credits – you can earn credits when your friend joins GetUpGo. This applies one time only per friend. Credits awarded are based on the membership package selected by your friend at the time of joining. Your friend must register as a member with a valid mobile phone number and email address for you to earn the reward credits.

How to earn credits

You earn reward credits for the activities that you perform on GetUpGo*. These activities include:
Complete your profile – earn 250 credits (one time only)
Referring a friend – earn 500 credits (when your friend successfully becomes a Silver or Gold member)
Referring a friend – earn 150 credits (when your friend successfully becomes a basic member)
Login credits – earn 5 credits just for logging in each day
Uploading mobile wallpaper – earn 25 credits
Uploading a mobile video – earn 50 credits
Blogging – earn 20 credits
Posting a comment – earn 10 credits when you post a comment
Becoming a fan or anti-fan of an item or a celeb – earn 5 credits
Rating items – earn 5 credits
* Fair Use policy applies.

SMS Services

The SMS service allows members to send SMS from their desktop computer and from the wapsite via their mobile. Your SMS allowance is not cumulative and must be used every week. Your balance will be refreshed at the start of every week. Standard operator SMS/WAP/GPRS charges may apply. There are 100 characters available per SMS. The remaining 60 characters may include communications about special offers and promotions from GetUpGo and Affiliates. You can also redeem your credits to send SMS.

Users shall be solely liable for the content of any messages they send. GetUpGo reserves the right to interrupt the Service either temporarily or permanently. GetUpGo may at any time and without prior warning suspend and/or unsubscribe from the Service any User who in GetUpGo’s opinion supplies inappropriate SMS or breaches the Terms and Conditions of the Service.

Limitation of Liability

GetUpGo excludes all liability, to the fullest extent permitted by law, for any loss or damage of any kind which may be caused by any content submitted by Users and made available to other Users being transmitted, disseminated, stored, made available, received, obtained or accessed, particularly but not exclusively for any loss or damage which may be caused by:

Infringement of the law, moral standards and generally accepted decency or public order by third parties;

Infringement of intellectual and industrial property rights, business secrets, contractual obligations of any kind, people’s right to personal and family privacy and image, right to protection of personal data, property rights and rights of any other nature belonging to a third party;

The carrying out of acts of unfair competition and unlawful advertising;

Messages and/or content not being truthful, accurate, comprehensive, relevant and/or up-to-date;

Unsuitability for any kind of purpose and the failure to meet expectations generated by the messages and/or content;

Faults and defects in any kind of content.

Termination Policy

GetUpGo may at any time and without prior warning suspend and/or unsubscribe from the Services any User who repeatedly supplies inappropriate content, infringes intellectual property or other rights of others, or breaches these General Conditions.

Objectionable or explicit content

GetUpGo is not responsible for any content or materials constituting all or part of any download or any other aspect of the Service that you might find objectionable.

Violation of Intellectual Property Rights

If GetUpGo receives a Notice alleging that you have engaged in infringing behaviour or reasonably suspects that your use of the Service the Downloads violates GetUpGo's or others' intellectual property rights, GetUpGo may, in its sole discretion, suspend or terminate your account with or without notice to you. If GetUpGo suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and GetUpGo will not refund any portion of your fees charged to date.

Copyright Information

The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the service, including the mobile or other content.

GetUpGo grants you a limited, non-exclusive, non-transferable, revocable right to download or sideload the mobile or other content to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, sideload, reproduce, modify, display, perform, transfer, distribute or otherwise use the mobile or other content except as expressly provided in this Agreement. You understand and agree that you may not authorise, encourage or allow any mobile or other content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorised reproduction and/or other use of them.

The Service and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by the Terms of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Service and the mobile or other content is under license; you will not obtain any ownership rights in the Service mobile or other content through this Agreement.

Any sound recordings you are purchasing and the copyrights therein are the valuable intellectual property of the respective record label (EMI, Warner Music, Universal etc) and may be used by you solely in connection with your mobile handset as a musical "ringer". You may not transfer the sound recording or video via any means for any purpose. Any copying, redistribution or other use of the sound recording is expressly prohibited without prior written consent of the record label.

Member Content Submissions

Prior to submitting content users must confirm that they are the copyright holder and have the necessary licenses, rights, consents and permissions to distribute the content and have the right to grant GetUpGo to make use of submissions in the manner contemplated by the Service and these Terms.

When you provide content submissions to GetUpGo, you accept total responsibility for your submissions, including any consequences that may arise. You confirm that you have all necessary licenses, rights, consents and permissions to submit content and authorise GetUpGo to make use of these content submissions.

You must also ensure that you have permission from every person that may appear in content that you submit to GetUpGo, and that you have their permission for GetUpGo to make use of the content submissions, including their names and likeness.

Content Licensing

You retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.

By submitting content to GetUpGo, you represent and warrant that you have the right to automatically grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free worldwide license (with the right to sublicense) including the right to use, copy, publicly perform, display, reproduce, reformat, translate, excerpt and distribute submissions for any purpose, commercial, advertising, media or otherwise, on or in connection with the Site or the promotions. The use of content and the period during which they are part of the Services are at GetUpGo’s sole discretion.

Prohibited Content Submissions

You may not create a username, post, upload, SMS, email or otherwise submit to GetUpGo submissions that are, within the sole discretion of GetUpGo, determined to be (including but not limited to) material that is: illegal, defamatory, criminal, abusive, racist, threatening, promotes hatred or violence; contains nudity or implied sexual activity; promotes gambling or illegal drug use; material that infringes upon the rights of any third party, copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party rights; material of a commercial nature, material that contains software viruses or any other malware; material that is considered to be ‘spam’; material that contains links to third party websites hosting pirated material; material that violates the privacy of others, including but not limited to posting likenesses or names of another person without consent; solicits information from anyone under 18; or is otherwise offensive.

GetUpGo reserves the right at any time to reject or remove any prohibited content which is in breach of current State, Commonwealth or International legislation, these Terms of Service, and any subsequent revisions which are notified to Users from time to time.

Trademark

All trademarks, Service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of GetUpGo and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Remedies

You agree to indemnify and hold harmless, GetUpGo, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable against any improper, unauthorised or illegal uses of your account.

You understand and agree that any unauthorised use of the Service would result in irreparable injury to GetUpGo and/or its affiliates or licensors for which money damages would be inadequate, and in such event GetUpGo, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that GetUpGo, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

Disclaimers

GetUpGo will not refund any fees, if it turns out that the requested mobile or other content is not compatible with your handset. It is your responsibility to test if your phone is compatible with the Service.

You understand and agree that your use of the Service and the mobile or other content is at your own sole risk. The Service and the mobile or other content are provided "as is" and without warranty by GetUpGo or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the " GetUpGo entities"), as applicable, and, to the maximum extent allowed by applicable law, GetUpGo and GetUpGo entities, as applicable, expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non infringement. There is no warranty that the Service or the mobile or other content will meet your requirements, or that your access to the same will be uninterrupted or error-free. GetUpGo and/or GetUpGo entities, as applicable, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Service or the mobile or other content with respect to performance, accuracy, reliability, security capability, currentness or otherwise. You will not hold GetUpGo and/or GetUpGo entities, as applicable, responsible for any damages that result from you accessing the Service or using the service, and/or the mobile or other content including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer mobile or other content that may result from that use no oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to GetUpGo and/or GetUpGo entities as applicable.

Under no circumstances shall GetUpGo and/or GetUpGo entities as applicable, be liable for any unauthorized use of the Service and/or the mobile or other content.
Under no circumstances shall GetUpGo and/or GetUpGo entities as applicable, be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Service and/or the mobile or other content, even if GetUpGo and/or GetUpGo entities as applicable, have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, GetUpGo and/or GetUpGo entities as applicable, shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed $200.

Indemnity

You agree to indemnify and hold harmless GetUpGo, its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

Law and Legal Notices

This Agreement and any other terms or documents referred to herein represent your entire agreement with GetUpGo with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Providers failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is subject to the laws of the State of NSW and both parties submit themselves to the courts of that jurisdiction.

Changes to Terms and Conditions.

You acknowledge and agree that this agreement is subject to change by GetUpGo at any time, which changes shall be effective upon posting such changes to the website or WAP site any use of the Service after such posting shall constitute acceptance of such changes by you.