Terms of Service

Welcome to UPSHIFT! These Terms of Service ("Terms") govern your use of our website located at https://upshift.au ("Site") and any services provided through it. By accessing or using our Site, you agree to be bound by these Terms.

Thank you for being part of our community. At UPSHIFT ("Company," "we," "us," or "our"), we are dedicated to protecting your personal information and respecting your privacy. In this privacy notice, if we refer to:

• "Website," we are referring to any website of ours that references or links to this policy

• "Services," we are referring to our Website, and other related services, including any sales, marketing, or events

This Privacy Notice is intended to explain what information we collect, how we use it, and the rights you have regarding your personal data. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 


UPSHIFT TERMS

By accessing and using the UPSHIFT website, you confirm that you are at least the legal age of majority in your state or territory, or that you are the legal age of majority and have given us permission for any minor dependents to access our Site on your behalf.

You agree that you will not use our products or services for any unlawful, unauthorised, or prohibited purpose. In using our Site and services, you must comply with all applicable local, state, and federal laws, including but not limited to intellectual property and copyright regulations.

You must not introduce any harmful technologies, such as viruses, malware, or other destructive code, into the Site.

Any breach or violation of these Terms will result in immediate suspension or termination of your access to UPSHIFT services, without notice.

INFORMATION WE COLLECT

We collect both personal and non-personal information that you voluntarily provide when you register on UPSHIFT, express interest in our products, participate in activities, or contact us.

The personal information we may collect includes:

• Name, phone number, email address, mailing address, username, password, billing address, and payment details (e.g., credit/debit card numbers and security codes).

• Payment data is securely stored and processed through Shopify.

• If you choose, you may also register using your social media accounts (e.g., Facebook, Google).

By providing your information, you consent to us communicating with you about our Website, products, and services. 

We also automatically collect certain technical data when you visit our Website, including your IP address, device type, browser details, operating system, language settings, country, usage patterns, and referring URLs.
This information helps us maintain the security, functionality, and performance of UPSHIFT.

HOW WE USE YOUR INFORMATION

We use the personal information collected through UPSHIFT to:

• Create and manage user accounts

• Process and fulfil orders

• Communicate with you about orders, promotions, and updates

• Respond to customer support inquiries and feedback

• Administer surveys, contests, and promotions

• Protect and maintain the security of our Website (including fraud prevention)

We process your information based on our business interests, to perform contracts, with your consent, and to comply with legal obligations.

We will retain your personal information only for as long as necessary to fulfill the purposes outlined in this privacy notice, unless a longer retention period is required or allowed by law (such as for tax, accounting, or other legal obligations). We will not keep your personal information beyond the duration of your account with us, unless required for legal reasons.

INFORMATION PROTECTION

We protect your personal information through organisational and technical measures, including SSL encryption for secure data transmission.

While we work hard to safeguard your data, no method of online transmission or storage is completely secure. We cannot guarantee that unauthorised access, hacking, or data breaches will never occur. By using our Website, you acknowledge that you transmit personal information at your own risk and should always access our site through a secure connection.

THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.

We do not sell or share your personal information with external parties, except for service providers and partners who assist in operating UPSHIFT and fulfilling orders. This may include companies like PayPal, Google, Facebook Pay, Shop Pay, Apple Pay, and Shopify.

AUSTRALIAN PRIVACY ACT 1988 COMPLIANCE

At UPSHIFT, we prioritise the privacy and security of your personal information. As part of our commitment to safeguarding your data, we adhere to the Privacy Act 1988 of Australia, which sets out the legal framework governing the collection, use, and disclosure of personal information. This Act is designed to ensure that individuals' privacy is respected and that businesses like ours handle personal information responsibly.

We understand the importance of protecting your data and are dedicated to complying with the privacy principles outlined in the Privacy Act 1988, which includes the Australian Privacy Principles (APPs). These principles establish the standards for the management of personal information, ensuring transparency, accountability, and security throughout its lifecycle.

Under the Privacy Act 1988, you have the right to know what personal information we collect, how it is used, and who it may be shared with. We aim to collect only the information necessary for the operation of our business and to provide you with a smooth and personalised experience. 

We also recognise your rights to access, correct, and request the deletion of your personal information, as well as to raise any concerns you may have about how we handle your data. If you have any questions or need further information regarding our data protection practices, please feel free to contact us. We are committed to being transparent about how we protect your privacy, and we will continue to comply with the provisions of the Privacy Act 1988 to ensure your personal information is handled with the highest level of care and respect.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services. 

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
For questions, please contact us at:

Email: contact@upshift.au