Terms of Use for The Mortgage Coach .com.au & Uptick AI – February 2025

1. Acceptance of Terms of Use

Use of The Mortgage Coach or Uptick AI products and services and our related services and websites offered by The Mortgage Coach or Uptick Marketing Pty Ltd (collectively “The Mortgage Coach” or “www.themortgagecoach.com.au”) is governed by the Terms of Use contained herein as well as the terms and conditions of the Privacy Policy posted on the Websites (“Terms”). These Terms are legally binding on all users of Uptick and constitute a legally binding agreement between you (“User”) and Uptick and/or The Mortgage Coach. By accessing Uptick and/or The Mortgage Coach, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms currently list The Mortgage Coach & Uptick’s current terms and conditions and may be amended from time to time at our discretion. If the User does not agree with any of these Terms, Users may not, under any circumstances, use Uptick and/or The Mortgage Coach.

2. Intellectual Property Rights

2.1 Ownership

All content, text, images, data, information and other material displayed, available or present on Uptick or The Mortgage Coach (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) or other intellectual property rights associated with Uptick or The Mortgage Coach (hereinafter “Intellectual Property Rights”), are the property of Uptick and/or The Mortgage Coach, its licensors, or designated owners and are protected by applicable intellectual property laws. Users should assume that everything User sees or reads on this Website is protected by intellectual property rights, unless otherwise noted, and may not be used without our written permission or the respective owner except as provided in these Terms of Use.

2.2 Authorised and Prohibited Uses

Users may download and print copies of the Content for non-commercial, informational or personal use only, without modification or alteration, and only so long as User complies with these Terms of Use and all applicable laws. If User violates these Terms of Use and/or any applicable laws, your permission to use the Website terminates. Users may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without our prior written permission. Users will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices in The Mortgage Coach or Uptick.

2.3 Registration and Passwords

We may require Users to have a password and provide registration details to access The Mortgage Coach and/or Uptick or portions of The Mortgage Coach or Uptick. If The Mortgage Coach and/or Uptick requires login credentials, it shall be a condition of use that the User provides correct, current and complete User information. If Uptick & The Mortgage Coach believes that the details are not correct, current, or complete, Uptick and/or The Mortgage Coach will have the right to refuse User access to The Mortgage Coach and/or Uptick, or any of its resources, and to suspend and/or terminate Users account. User is responsible for maintaining the confidentiality of any login credentials, and User is fully responsible for all activities that occur under Users login credentials. User agrees to notify The Mortgage Coach and/or Uptick immediately, of any unauthorised use of User’s login credentials. We reserve the absolute right, in our sole discretion, to not allow access to any person or entity.

3. Website and Registration Administration

3.1 Authority of Website Administrator

We may, at our discretion, modify, edit, translate, suspend, restrict access to, or terminate The Mortgage Coach or Uptick, the Content, or any link at any time without liability or prior notice. We may, at our discretion, terminate the browsing of, registration with, and use of The Mortgage Coach and/or Uptick by any User at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

4. User Requirements and Obligations

4.1 Compliance

Users will comply with all applicable laws in connection with use of The Mortgage Coach and/or Uptick.

4.2 Unsuitable Conduct

Users will not engage in conduct on or in connection with The Mortgage Coach or Uptick that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. Users will not cause damage, embarrassment, or adverse publicity to The Mortgage Coach or Uptick.

4.3 User Cooperation and Notification

User will cooperate with all our reasonable requests and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorised use or abuse of The Mortgage Coach and/or Uptick.

4. 4 Third Party Sites and Other Information

As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of this Website or third-party websites accessible via links on this Website. These other sites are not under our control, and User acknowledges that (whether or not such sites are affiliated in any way with The Mortgage Coach or Uptick) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such links do not imply our endorsement of any site or any association with their operators. Moreover, we have no obligation to verify any Content in links submitted by a third party.

4. 5 Limitations of use and The Mortgage Coach or Uptick output

You agree that:

The Mortgage Coach and/or Uptick may at times now or in the future engage ethical and appropriate use of an AI product and as such, Uptick and/or The Mortgage Coach’s responses (the “Output”) may have errors or not be completely appropriate. You and your customers may not always agree with the Output and depending on the subject matter, there may be other sources of truth. 

You will test and evaluate the Output for accuracy as it relates to your product, service or solution.

You will independently analyse and review if your use case is suited for adaptation for use by AI and if human intervention may be needed at any stage of the Output or decision-making process.

The Mortgage Coach and/or Uptick may unintentionally produce Output that is offensive, incomplete, repetitive or incorrect, you will work with us to provide and refine your information that is inputted to improve the Output.

You represent that you have the rights to use any subject matter that is inputted in order for Uptick or The Mortgage Coach to provide the Output.

Even after our best efforts at training the Ai with your use case, users may fool the Ai into providing Output that may be inappropriate in a variety of ways.

We own the IP related to the The Mortgage Coach or Uptick software and you own any Output based on your inputs. 

4.6 Warranty Disclaimers, Limitations on Liability, and Remedies

The Mortgage Coach or Uptick is provided on an “as is” and “as available” basis and its use is at the sole risk of User, to the fullest extent permissible by law. We disclaim all warranties, express or implied, of any kind (including Uptick and/or The Mortgage Coach’s Content, hardware or software performance or links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  We will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the AI algorithms, third party software, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. You acknowledge that any Output provided by The Mortgage Coach and/or Uptick based on your use case is at your own risk. We will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with The Mortgage Coach or Uptick. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, our maximum liability will be limited to, in our sole discretion, either (1) the correction or deletion of any inaccurate Content or link; or (2) refund of any fees for The Mortgage Coach or Uptick received from User to a maximum of the last twelve (12) months of fees.

4.7 Indemnification

Each User will defend, indemnify, and hold The Mortgage Coach or Uptick and our respective officers, directors, employees, contractors, agents, licensors and website partners harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of The Mortgage Coach or Uptick, online conduct, breach of these Terms of Use, or dealings or transactions with other persons.

5. Miscellaneous
   

5.1 Other Agreements

In connection with User’s use of and/or access to The Mortgage Coach or Uptick or any Content, it may be necessary for User to consent to our policies or Software Services Agreement in addition to the Terms of Use set forth herein, which User should read carefully before making any use of The Mortgage Coach or Uptick Content. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of The Mortgage Coach or Uptick, unless otherwise expressly stated.

5.2 Privacy Policy

We are concerned about privacy and have a policy to address privacy concerns. Users can find the current privacy policy at https://www.themortgagecoach.com.au/privacy-policy/ (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms.

5.3 Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with The Mortgage Coach and/or Uptick or these Terms (including without limitation the Privacy Policy and Software Services Agreement), The Mortgage Coach and/or Uptick and Users agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. The Mortgage Coach and/or Uptick has no obligation to become involved in any dispute between a User and any third party. Uptick, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New South Wales, Australia without regard to its conflict of law principles. User agrees that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in New South Wales, in accordance with the arbitration laws in this jurisdiction by an arbitrator nominated by The Mortgage Coach or Uptick. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that The Mortgage Coach and/or Uptick is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of these Terms pending a final arbitral decision.

5.4 Modification of Terms, Etc.

These Terms of Use constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. We reserve the right to change these Terms of Use at any time and they are effective immediately upon posting.  Users are advised to review these Terms of Use occasionally or at least every thirty (30) days. User’s continued use of The Mortgage Coach and/or Uptick, subsequent to our modification of these Terms of Use, shall constitute Users acceptance of the modified Terms of Use. If any provision of these Terms of Use shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms of Use, or the whole of these Terms of Use, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms of Use extend to any third party. User´s obligations pursuant to these Terms of Use shall survive termination of any SOW or agreement, and any use of our Websites, log-ins, any Content provided by Users on our Websites, and/or these Terms of Use.

5.5 Contact Information

If you have any questions regarding The Mortgage Coach or these Terms of Use, please contact us at [email protected] 

6. Billing, cancellation and termination

6.1 Free trials or promotions

If you sign up for a free trial or promotion of Uptick or The Mortgage Coach service or account, and you do not cancel that account before the expiration of the free trial period, your credit card will be billed starting on the day after your trial period expires for the full amount owing. The Mortgage Coach and/or Uptick reserves the right to charge your credit card for amounts owing in instalments less than the total amount owing until the full amount has been charged. If you cancel the services as provided for herein prior to the processing of your first amount owing, your credit card will not be charged.

6.2 Monthly service subscriptions

For monthly service subscriptions, you can cancel at any time following the agreed term and your account will be scheduled for cancellation upon your next billing date and your account may be deactivated. There are no refunds on monthly subscriptions.

6.3 Fully managed programs

Fully managed The Mortgage Coach accounts or projects are not eligible for early cancellations. Customers may request cancellation at the end of their contract/billing period and The Mortgage Coach or Uptick will schedule the cancellation at the end of the term. There are no refunds on managed services.

6.4 Suspension & termination

We, at our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the services, or any other Uptick or The Mortgage Coach services, for any breach of these terms. Such termination of services will result in the deactivation or deletion of your account with no refund, or your access to your account, and the forfeiture and relinquishment of all user content in your account. We reserve the right to refuse to provide any services for any reason at any time.