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Up High Terms and Conditions

Up High is our subscription service offering subscribers features and benefits that change from time to time for a monthly subscription fee.

By subscribing to Up High you agree to these Up High Terms and Conditions.

1. Subscription

You must be an Up account holder to subscribe to Up High.

You can subscribe to Up High in the Up app.

Up High is an ongoing monthly subscription. Your subscription will automatically renew each month unless you or we cancel it (see ‘Cancelling your subscription’ below).

2. Up High Benefits

As an Up High subscriber, you get access to the Up High features and benefits as described on our website or in the Up app from time to time (Up High Benefits). These Up High Benefits change and there is no guarantee that any particular Up High Benefits or types of features or benefits will be provided to you as a result of you subscribing to Up High.

If we offer an Up High Benefit and do not agree to provide it for a particular period of time, we may cease providing that Up High Benefit to you at any time (see ‘Changes’ below).

If you are unhappy with the Up High Benefits available at any time you may cancel your subscription (see ‘Cancelling your subscription’ below).

Any Up High Benefit provided to you in relation to an Up account or Up Home loan is subject to the terms and conditions that apply to that Up product.

3. Subscription fee

We will tell you the applicable monthly Up High subscription fee when you subscribe (Up High Subscription Fee).

By subscribing to Up High you agree we may debit the Up High Subscription Fee, as changed from time to time (see ‘Changes’ below), to your Up Spending account each month.

You must ensure there are sufficient funds in your Up Spending account to cover your monthly Up High Subscription Fee. If there isn’t, we may cancel your Up High subscription without prior notice to you.

4. Changes

From time to time we may change the Up High Benefits and make changes to these terms and conditions.

We will give you at least 30 days’ prior notice of the following types of changes unless it is reasonable for us to give you less or no notice to manage a material and immediate risk:

  • Removing an ongoing Up High Benefit (where we have not agreed to provide it for a particular period of time)
  • Changing an Up High Benefit in a way that we believe is unfavourable to you
  • Increasing the Up High Subscription Fee or introducing a new fee, or
  • Changing these terms and conditions in a way that we believe is unfavourable to you.

For other types of changes we will notify you of the change as soon as reasonably possible.

We will give you a notice of change in the Up app or by publishing it on our website and notifying you in the Up app that it has been published.

5. Cancelling your subscription

Your Up High subscription will be automatically cancelled if you cease to be an Up account holder.

You may also cancel your Up High subscription by following the prompts the Up app.

We may cancel your Up High subscription or terminate our Up High subscription service at any time by giving you at least 30 days’ prior notice.

We may also cancel your Up High subscription without prior notice to you if there are insufficient funds available in your Up Spending account to cover the monthly Up High Subscription Fee when it is due or if you have otherwise breached these terms and conditions.

Intellectual Property Rights

If you provide any ideas, comments, know-how, improvements or suggestions to us in connection with Up, Up High or any Up products and services, including as part of any Up High Benefit we provide to you, (all feedback), you:

  • warrant that providing the feedback to us and us using the feedback will not, to the best of your knowledge and belief, infringe or misappropriate the intellectual property rights of any third party
  • agree that we own the feedback once you provide it to us and you assign all your right, title and interest (including all intellectual property rights) in the feedback to us without further assurance, and
  • to the extent permitted by laws and for the benefit of Up and its related bodies corporate:
    • waive your moral rights (including moral rights conferred under the Copyright Act 1968 (Cth) and any equivalent laws of another jurisdiction), and
    • consent to the use of the feedback by Up and its related bodies corporate, even if the use may otherwise be an infringement of your intellectual property rights and/or moral rights.

7. General

This clause applies to the maximum extent permitted by law and does not exclude, restrict or modify any rights or remedies you have or are entitled to under the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001 (Cth) to the extent they may not be excluded, restricted or modified.

Where Up provides you with tangible goods as part of any Up High Benefit (for example, merchandise), Up does not provide any warranty as to the quality of such tangible goods or that they will be free of defects or their fitness for any purpose.

You acknowledge and agree that Up does not warrant that any services provided to you as part of Up High will be without errors, viruses or other harmful components.

The liability of Up and all its related bodies corporate to you in connection with Up High and any Up High Benefits promised or provided to you for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) is limited to the greater of:

  • the amount of the last monthly Up High Subscription Fee paid by you; and
  • where relevant, the cost of supplying or providing the relevant Up High Benefit again.

Up is a brand of Bendigo and Adelaide Bank Limited, ABN 11 068 049 178, AFSL and Australian Credit Licence 237879.

Last updated 31 July 2024