version 2.0
These terms and conditions (the website “Terms”) shall 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 products or services, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 years of age to use our website; 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.
Please note our class action waiver clause.
In this terms and conditions of service, “we”, “us”, and “our” refer to Upbias GmbH (owner and operator of upbias.com).
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 (c) 2014-present Upbias GmbH. All Rights Reserved.
Subject to the express provisions of these terms and conditions:(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
You may request permission to use the copyright materials on this website using our website contact form.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this using our website contact form.
If you become aware of any material on our website that you believe infringes your or any other person’s copyright, please report this using our website contact form.
You may:(a) view pages from our website on a computer or mobile device via a web browser;(b) download pages from our website for caching in a web browser;(c) print pages from our website;(d) stream audio and video files from our website; and(e) use our website services by means of a web browser,subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:(a) republish material from our website (including republication on another website);(b) sell, rent or sub-license material from our website;(c) show any material from our website in public;(d) exploit material from our website for a commercial purpose; or(e) redistribute material from our website.
Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
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 may access our RSS feed using an RSS reader or aggregator.
By accessing our RSS feed, you accept these terms and conditions.
Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 5.3.
It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
We may revoke any licence set out in this Section 5 at any time, with or without notice or explanation.
You must not:(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;(f) violate the directives set out in the robots.txt file for our website; or(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
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.
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 be eligible for an account on our website under this Section 8, you must be at least 18 years of age.
You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password.
Your user ID must not be liable to mislead and must comply with the content rules set out in Section 14; you must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
We may:(a) suspend your account;(b) cancel your account; and/or(c) edit your account details,at any time in our sole discretion without notice or explanation.
You may cancel your account on our website at any time.
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.
Nothing on this website constitutes or is intended to constitute:(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or(d) any financial service or activity regulated or controlled by or pursuant to any financial services law or any other applicable law.
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:(a) the value of shares and investments and the income derived from them can go down as well as up;(b) investors may not get back the amount they invested; and(c) past performance is not necessarily a guide to future performance.
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.
In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
You grant to us the right to sub-license the rights licensed under Section 13.2.
You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of 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 delete, unpublish or edit any or all of your content.
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:(a) be libellous or maliciously false;(b) be obscene or indecent;(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;(d) infringe any right of confidence, right of privacy or right under data protection legislation;(e) constitute negligent advice or contain any negligent statement;(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;(g) be in contempt of any court, or in breach of any court order;(h) be in breach of racial or religious hatred or discrimination legislation;(i) be blasphemous;(j) be in breach of official secrets legislation;(k) be in breach of any contractual obligation owed to any person;(l) depict violence in an explicit, graphic or gratuitous manner;(m) be pornographic, lewd, suggestive or sexually explicit;(n) be untrue, false, inaccurate or misleading;(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;(p) constitute spam;(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or(r) cause annoyance, inconvenience or needless anxiety to any person.
Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must ensure that your content, and the use of that content in accordance with these terms and conditions, does not constitute:(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or(d) any financial service or activity regulated or controlled by or pursuant to any financial services law or any other applicable law.
You must disclose any material interest you or your associates may have relating to your content when submitting your content.
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 about any such material or activity by email or using our contact form.
We do not warrant or represent:(a) the completeness or accuracy of the information published on our website;(b) that the material on the website is up to date; or(c) that the website or any service on the website will remain available.
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 expressly provided otherwise in these terms and conditions, 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.
Nothing in these terms and conditions will:(a) limit or exclude any liability for fraud or fraudulent misrepresentation;(b) limit any liabilities in any way that is not permitted under applicable law; or(c) exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:(a) are subject to Section 17.1; and(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
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.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
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 your use of our website or any breach by you of any provision of these terms and conditions.
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:(a) send you one or more formal warnings;(b) temporarily suspend your access to our website;(c) permanently prohibit you from accessing our website;(d) block computers using your IP address from accessing our website;(e) contact any or all of your internet service providers and request that they block your access to our website;(f) commence legal action against you, whether for breach of contract or otherwise; and/or(g) suspend or delete your account on our website.
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 trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks 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.
From time to time we may run competitions, free prize draws and/or other promotions on our website.
Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
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.
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties’ rights under a contract 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, shall constitute the entire agreement between you and us in relation to your use of our website and shall 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 Swiss law.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the court of Bülach, ZH, Switzerland.
You do not need to register with our website to use the comments feature.
Comments may be reviewed and edited before publication, and we reserve the right to decline to publish a comment, and to edit or delete any comment that has been published on our website.
We shall have no obligation to provide to you a copy of any comment that you post to our website.
For the avoidance of doubt, your comments constitute “your content” for the purposes of Section 13 and Section 14.
To become a paid subscriber to our website services, first you need to have registered for an account with our website. 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 website or 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.
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:(a) an amount equal to the amount of the charge-back;(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);(c) an administration fee of CHF 25.00 excluding VAT; and(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees),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.
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.
Where permitted under the applicable law, you and Upbias GmbH agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Upbias GmbH and you agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
We may update this terms and conditions of service from time to time by publishing a new version on our website.
You should check this page occasionally to ensure you are happy with any changes to this terms and conditions of service.
We may notify you of changes to this terms and conditions of service by email.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
This website is owned and operated by Upbias GmbH.
Our principal place of business is in Bassersdorf, ZH, Switzerland.
We are registered in Switzerland under registration number CH-020.4.063.816-0.
Our postal address is Postfach 424, CH-8303 Bassersdorf, Switzerland.
You can contact us:(a) by post, using our postal address; or(b) by email, using support@upbias.com.