General Terms
By accessing and placing an order with Up-Tech, you
confirm that you are in agreement with and bound by the terms
of service contained in the Terms & Conditions outlined
below. These terms apply to the entire website and any email
or other type of communication between you and Up-Tech.
Under no circumstances shall Up-Tech team be liable for
any direct, indirect, special, incidental or consequential
damages, including, but not limited to, loss of data or
profit, arising out of the use, or the inability to use, the
materials on this site, even if Up-Tech team or an
authorized representative has been advised of the possibility
of such damages. If your use of materials from this site
results in the need for servicing, repair or correction of
equipment or data, you assume any costs thereof.
Up-Tech will not be responsible for any outcome that
may occur during the course of usage of our resources. We
reserve the rights to change prices and revise the resources
usage policy in any moment.
License
Up-Tech
grants you a revocable, non-exclusive, non- transferable,
limited license to download, install and use the
website
strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and
Up-Tech
("we," "our," or "us") grants you a revocable, non-exclusive,
non- transferable, limited license to download, install and
use the
website
strictly in accordance with the terms of this Agreement.
Definitions and key terms
For this Terms & Conditions:
-
Cookie: small amount of data generated by
a website and saved by your web browser. It is used to
identify your browser, provide analytics, remember
information about you such as your language preference or
login information.
-
Company: when this policy mentions
“Company,” “we,” “us,” or “our,” it refers to
Up-Tech,
#342, 17 cross, Dollars Colony, RMV II Stage, Bangalore -
560094
that is responsible for your information under this Privacy
Policy.
-
Country: where Up-Tech or the
owners/founders of Up-Tech are based, in this case is
India.
-
Customer: refers to the company,
organization or person that signs up to use the
Up-Tech Service to manage the relationships with your
consumers or service users.
-
Device: any internet connected device such
as a phone, tablet, computer or any other device that can be
used to visit Up-Tech and use the services.
-
IP address: Every device connected to the
Internet is assigned a number known as an Internet protocol
(IP) address. These numbers are usually assigned in
geographic blocks. An IP address can often be used to
identify the location from which a device is connecting to
the Internet.
-
Personnel: refers to those individuals who
are employed by Up-Tech or are under contract to
perform a service on behalf of one of the parties.
-
Personal Data: any information that
directly, indirectly, or in connection with other
information — including a personal identification number —
allows for the identification or identifiability of a
natural person.
-
Service: refers to the service provided by
Up-Tech as described in the relative terms (if
available) and on this platform.
-
Third-party service: refers to
advertisers, contest sponsors, promotional and marketing
partners, and others who provide our content or whose
products or services we think may interest you.
-
Website: Up-Tech’s site, which can
be accessed via this URL: https://up-tech.in.
-
You: a person or entity that is registered
with Up-Tech to use the Services.
Restrictions
You agree not to, and you will not permit others to:
-
License, sell, rent, lease, assign, distribute, transmit,
host, outsource, disclose or otherwise commercially exploit
the service or make the platform available to any third
party.
-
Modify, make derivative works of, disassemble, decrypt,
reverse compile or reverse engineer any part of the
service.
-
Remove, alter or obscure any proprietary notice (including
any notice of copyright or trademark) of or its affiliates,
partners, suppliers or the licensors of the service.
Return and Refund Policy
Thanks for shopping with us. We appreciate the fact that you
like to buy the stuff we build. We also want to make sure you
have a rewarding experience while you’re exploring,
evaluating, and purchasing our products. As with any shopping
experience, there are terms and conditions that apply to
transactions at our company. We’ll be as brief as our
attorneys will allow. The main thing to remember is that by
placing an order or making a purchase from us, you agree to
the terms along with our Privacy Policy. If, for any reason,
You are not completely satisfied with any good or service that
we provide, don't hesitate to contact us and we will discuss
any of the issues you are going through with our
product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions
(collectively, "Suggestions") provided by you to us with
respect to the service shall remain the sole and exclusive
property of us. We shall be free to use, copy, modify,
publish, or redistribute the Suggestions for any purpose and
in any way without any credit or any compensation to
you.
Your Consent
We've updated our Terms & Conditions to provide you with
complete transparency into what is being set when you visit
our site and how it's being used. By using our service,
registering an account, or making a purchase, you hereby
consent to our Terms & Conditions.
Links to Other Websites
Our service may contain links to other websites that are not
operated by Us. If You click on a third party link, You will
be directed to that third party's site. We strongly advise You
to review the Terms & Conditions of every site You visit.
We have no control over and assume no responsibility for the
content, Terms & Conditions or practices of any third
party sites or services.
Cookies
We use "Cookies" to identify the areas of our website that
you have visited. A Cookie is a small piece of data stored on
your computer or mobile device by your web browser. We use
Cookies to enhance the performance and functionality of our
service but are non-essential to their use. However, without
these cookies, certain functionality like videos may become
unavailable or you would be required to enter your login
details every time you visit our platform as we would not be
able to remember that you had logged in previously. Most web
browsers can be set to disable the use of Cookies. However, if
you disable Cookies, you may not be able to access
functionality on our website correctly or at all. We never
place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that we may stop (permanently or
temporarily) providing the Service (or any features within the
Service) to you or to users generally at our sole discretion,
without prior notice to you. You may stop using the Service at
any time. You do not need to specifically inform us when you
stop using the Service. You acknowledge and agree that if we
disable access to your account, you may be prevented from
accessing the Service, your account details or any files or
other materials which is contained in your account. If we
decide to change our Terms & Conditions, we will post
those changes on this page, and/or update the Terms &
Conditions modification date below.
Modifications to Our service
We reserve the right to modify, suspend or discontinue,
temporarily or permanently, the service or any service to
which it connects, with or without notice and without
liability to you.
Updates to Our service
We may from time to time provide enhancements or improvements
to the features/ functionality of the service, which may
include patches, bug fixes, updates, upgrades and other
modifications ("Updates"). Updates may modify or delete
certain features and/or functionalities of the service. You
agree that we have no obligation to (i) provide any Updates,
or (ii) continue to provide or enable any particular features
and/or functionalities of the service to you. You further
agree that all Updates will be (i) deemed to constitute an
integral part of the service, and (ii) subject to the terms
and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content
(including data, information, applications and other products
services) or provide links to third-party websites or services
("Third- Party Services"). You acknowledge and agree that we
shall not be responsible for any Third-Party Services,
including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other
aspect thereof. We do not assume and shall not have any
liability or responsibility to you or any other person or
entity for any Third-Party Services. Third-Party Services and
links thereto are provided solely as a convenience to you and
you access and use them entirely at your own risk and subject
to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you
or us. We may, in its sole discretion, at any time and for any
or no reason, suspend or terminate this Agreement with or
without prior notice. This Agreement will terminate
immediately, without prior notice from us, in the event that
you fail to comply with any provision of this Agreement. You
may also terminate this Agreement by deleting the service and
all copies thereof from your computer. Upon termination of
this Agreement, you shall cease all use of the service and
delete all copies of the service from your computer.
Termination of this Agreement will not limit any of our rights
or remedies at law or in equity in case of breach by you
(during the term of this Agreement) of any of your obligations
under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and
believe any material from us constitutes an infringement on
your copyright, please contact us setting forth the following
information: (a) a physical or electronic signature of the
copyright owner or a person authorized to act on his behalf;
(b) identification of the material that is claimed to be
infringing; (c) your contact information, including your
address, telephone number, and an email; (d) a statement by
you that you have a good faith belief that use of the material
is not authorized by the copyright owners; and (e) the a
statement that the information in the notification is
accurate, and, under penalty of perjury you are authorized to
act on behalf of the owner.
Indemnification
You agree to indemnify and hold us and our parents,
subsidiaries, affiliates, officers, employees, agents,
partners and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or
arising out of your: (a) use of the service; (b) violation of
this Agreement or any law or regulation; or (c) violation of
any right of a third party.
No Warranties
The service is provided to you "AS IS" and "AS AVAILABLE" and
with all faults and defects without warranty of any kind. To
the maximum extent permitted under applicable law, we, on our
own behalf and on behalf of our affiliates and our respective
licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory or otherwise,
with respect to the service, including all implied warranties
of merchantability, fitness for a particular purpose, title
and non- infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade
practice. Without limitation to the foregoing, we provide no
warranty or undertaking, and makes no representation of any
kind that the service will meet your requirements, achieve any
intended results, be compatible or work with any other
software, websites, systems or services, operate without
interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be
corrected. Without limiting the foregoing, neither us nor any
provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of
the service, or the information, content, and materials or
products included thereon; (ii) that the service will be
uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content
provided through the service; or (iv) that the service, its
servers, the content, or e-mails sent from or on behalf of us
are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components. Some jurisdictions do
not allow the exclusion of or limitations on implied
warranties or the limitations on the applicable statutory
rights of a consumer, so some or all of the above exclusions
and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire
liability of us and any of our suppliers under any provision
of this Agreement and your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by you
for the service. To the maximum extent permitted by applicable
law, in no event shall we or our suppliers be liable for any
special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of
profits, for loss of data or other information, for business
interruption, for personal injury, for loss of privacy arising
out of or in any way related to the use of or inability to use
the service, third-party software and/or third-party hardware
used with the service, or otherwise in connection with any
provision of this Agreement), even if we or any supplier has
been advised of the possibility of such damages and even if
the remedy fails of its essential purpose. Some
states/jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be
unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to
the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other
legal notices published by us on the Services, shall
constitute the entire agreement between you and us concerning
the Services. If any provision of this Agreement is deemed
invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or
any other term, and our failure to assert any right or
provision under this Agreement shall not constitute a waiver
of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or
to require performance of an obligation under this Agreement
shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall be
the waiver of a breach constitute waiver of any subsequent
breach. No failure to exercise, and no delay in exercising, on
the part of either party, any right or any power under this
Agreement shall operate as a waiver of that right or power.
Nor shall any single or partial exercise of any right or power
under this Agreement preclude further exercise of that or any
other right granted herein. In the event of a conflict between
this Agreement and any applicable purchase or other terms, the
terms of this Agreement shall govern.
Amendments to this Agreement
We reserve the right, at its sole discretion, to modify or
replace this Agreement at any time. If a revision is material
we will provide at least 30 days' notice prior to any new
terms taking effect. What constitutes a material change will
be determined at our sole discretion. By continuing to access
or use our service after any revisions become effective, you
agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use our
service.
Entire Agreement
The Agreement constitutes the entire agreement between you
and us regarding your use of the service and supersedes all
prior and contemporaneous written or oral agreements between
you and us. You may be subject to additional terms and
conditions that apply when you use or purchase other services
from us, which we will provide to you at the time of such use
or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to
make changes to these Terms so that they accurately reflect
our Service and policies. Unless otherwise required by law, we
will notify you (for example, through our Service) before we
make changes to these Terms and give you an opportunity to
review them before they go into effect. Then, if you continue
to use the Service, you will be bound by the updated Terms. If
you do not want to agree to these or any updated Terms, you
can delete your account.
Intellectual Property
Our platform and its entire contents, features and
functionality (including but not limited to all information,
software, text, displays, images, video and audio, and the
design, selection and arrangement thereof), are owned by us,
its licensors or other providers of such material and are
protected by India and international copyright, trademark,
patent, trade secret and other intellectual property or
proprietary rights laws. The material may not be copied,
modified, reproduced, downloaded or distributed in any way, in
whole or in part, without the express prior written permission
of us, unless and except as is expressly provided in these
Terms & Conditions. Any unauthorized use of the material
is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE
A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE
RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ’s
INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any
dispute, action, or other controversy between you and us
concerning the Services or this agreement, whether in
contract, warranty, tort, statute, regulation, ordinance, or
any other legal or equitable basis. “Dispute” will be given
the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or us must give the other a
Notice of Dispute, which is a written statement that sets
forth the name, address, and contact information of the party
giving it, the facts giving rise to the dispute, and the
relief requested. You must send any Notice of Dispute via
email to: info@up-tech.in. We will send any Notice of Dispute
to you by mail to your address if we have it, or otherwise to
your email address. You and us will attempt to resolve any
dispute through informal negotiation within sixty (60) days
from the date the Notice of Dispute is sent. After sixty (60)
days, you or us may commence arbitration.
Binding Arbitration
If you and us don’t resolve any dispute by informal
negotiation, any other effort to resolve the dispute will be
conducted exclusively by binding arbitration as described in
this section. You are giving up the right to litigate (or
participate in as a party or class member) all disputes in
court before a judge or jury. The dispute shall be settled by
binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association.
Either party may seek any interim or preliminary injunctive
relief from any court of competent jurisdiction, as necessary
to protect the party’s rights or property pending the
completion of arbitration. Any and all legal, accounting, and
other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative
suggestions, designs, photographs, information,
advertisements, data or proposals, including ideas for new or
improved products, services, features, technologies or
promotions, you expressly agree that such submissions will
automatically be treated as non- confidential and
non-proprietary and will become the sole property of us
without any compensation or credit to you whatsoever. We and
our affiliates shall have no obligations with respect to such
submissions or posts and may use the ideas contained in such
submissions or posts for any purposes in any medium in
perpetuity, including, but not limited to, developing,
manufacturing, and marketing products and services using such
ideas.
Promotions
We may, from time to time, include contests, promotions,
sweepstakes, or other activities (“Promotions”) that require
you to submit material or information concerning yourself.
Please note that all Promotions may be governed by separate
rules that may contain certain eligibility requirements, such
as restrictions as to age and geographic location. You are
responsible to read all Promotions rules to determine whether
or not you are eligible to participate. If you enter any
Promotion, you agree to abide by and to comply with all
Promotions Rules. Additional terms and conditions may apply to
purchases of goods or services on or through the Services,
which terms and conditions are made a part of this Agreement
by this reference.
Typographical Errors
In the event a product and/or service is listed at an
incorrect price or with incorrect information due to
typographical error, we shall have the right to refuse or
cancel any orders placed for the product and/ or service
listed at the incorrect price. We shall have the right to
refuse or cancel any such order whether or not the order has
been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order
is canceled, we shall immediately issue a credit to your
credit card account or other payment account in the amount of
the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any
provision or portion of these Terms & Conditions to be
unenforceable, the remainder of these Terms & Conditions
will continue in full force and effect. Any waiver of any
provision of these Terms & Conditions will be effective
only if in writing and signed by an authorized representative
of us. We will be entitled to injunctive or other equitable
relief (without the obligations of posting any bond or surety)
in the event of any breach or anticipatory breach by you. We
operate and control our Service from our offices in India. The
Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation.
Accordingly, those persons who choose to access our Service
from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to
the extent local laws are applicable. These Terms &
Conditions (which include and incorporate our Privacy Policy)
contains the entire understanding, and supersedes all prior
understandings, between you and us concerning its subject
matter, and cannot be changed or modified by you. The section
headings used in this Agreement are for convenience only and
will not be given any legal import.
Disclaimer
We are not responsible for any content, code or any other
imprecision. We do not provide warranties or guarantees. In no
event shall we be liable for any special, direct, indirect,
consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence or
other tort, arising out of or in connection with the use of
the Service or the contents of the Service. We reserve the
right to make additions, deletions, or modifications to the
contents on the Service at any time without prior notice. Our
Service and its contents are provided "as is" and "as
available" without any warranty or representations of any
kind, whether express or implied. We are a distributor and not
a publisher of the content supplied by third parties; as such,
our exercises no editorial control over such content and makes
no warranty or representation as to the accuracy, reliability
or currency of any information, content, service or
merchandise provided through or accessible via our Service.
Without limiting the foregoing, We specifically disclaim all
warranties and representations in any content transmitted on
or in connection with our Service or on sites that may appear
as links on our Service, or in the products provided as a part
of, or otherwise in connection with, our Service, including
without limitation any warranties of merchantability, fitness
for a particular purpose or non-infringement of third party
rights. No oral advice or written information given by us or
any of its affiliates, employees, officers, directors, agents,
or the like will create a warranty. Price and availability
information is subject to change without notice. Without
limiting the foregoing, we do not warrant that our Service
will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
