TERMS & CONDITIONS
Terms & Conditions
Thank you for using upQRade, a solution developed by Perceptionyst Solutions. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the upQRade website at www.upqrade.xyz (the "Site") and any related mobile or software applications ("upQRade platforms") including but not limited to delivery of information via the website whether existing now or in the future that links to the Terms (collectively, the "Services").
These Terms are effective for all existing and future upQRade customers, including but without limitation to users having access to 'Owners business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the upQRade Platform, you are agreeing to these Terms and concluding a legally binding contract with upQRade. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the upQRade Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by upQRade in the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that upQRade will treat your use of the Services as acceptance of the Terms from that point onwards.
These terms and conditions outline the rules and regulations for the use of upQRade's Website, located at www.upqrade.xyz. By accessing this website, we assume you accept these terms and conditions. Do not continue to use upQRade if you do not agree to abide by all the terms and conditions stated on this page.
1. Cookies
The website uses cookies to enhance and personalize your online experience. By accessing upQRade, you agree to the use of necessary cookies.
A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. They are uniquely assigned to you and can only be read by a web server within the domain that issued the cookie.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional cookies. Certain required cookies are necessary for the operation of our website and do not require your consent, as they are always active. Please be aware that by accepting required cookies, you also consent to the use of third-party cookies that might be employed through third-party services integrated into our website, such as video displays provided by third parties.
2. License
Unless otherwise stated, upQRade and/or its licensors own the intellectual property rights for all material on upQRade. All intellectual property rights are reserved. You may access upQRade for your personal use, subject to the restrictions outlined in these terms and conditions.
You must not:
- Copy or republish material from upQRade
- Sell, rent, or sub-license material from upQRade
- Reproduce, duplicate, or copy material from upQRade
- Redistribute content from upQRade
This Agreement shall commence on the date of your first use of upQRade.
3. User-Generated Content (Comments)
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. upQRade does not pre-screen, edit, publish, or review Comments before their presence on the website. Comments do not necessarily reflect the views and opinions of upQRade, its agents, and/or affiliates. They reflect the views and opinions of the individuals who post them. To the extent permitted by applicable laws, upQRade shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of the use of, posting of, or appearance of Comments on this website.
upQRade reserves the right to monitor all Comments and remove any that are considered inappropriate, offensive, or in violation of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so.
- The Comments do not infringe upon any intellectual property rights, including, but not limited to, copyright, patent, or trademark of any third party.
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material that constitutes an invasion of privacy.
- The Comments will not be used to solicit or promote business or commercial activities or unlawful activities.
You hereby grant upQRade a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit your Comments in any and all forms, formats, or media.
4. Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System-wide Accredited Businesses, except for non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our website.
These organizations may link to our home page, publications, or other Website information as long as the link:
(a) is not deceptive in any way;
(b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party's site.
We may consider and approve link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources;
- Dot.com community sites;
- Associations or other groups representing charities;
- Online directory distributors;
- Internet portals;
- Accounting, law, and consulting firms; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) the link would not adversely affect our reputation or that of our accredited businesses;
(b) the organization has no negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates for the absence of upQRade; and
(d) the link is in the context of general resource information.
These organizations may link to our home page as long as the link:
(a) is not deceptive;
(b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's site.
The use of upQRade's logo or other artwork for linking purposes is not allowed without a trademark license agreement.
5. Content Liability
We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that arise from your website. No link(s) should appear on any website that could be construed as libelous, obscene, or criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
6. Reservation of Rights
We reserve the right to request the removal of all links or any particular link to our Website. You agree to promptly remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuously linking to our Website, you agree to be bound by and follow these linking terms and conditions.
7. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
We do not guarantee that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Jurisdiction Clause:
This Agreement and any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be governed by and construed in accordance with the laws of Margao, Goa, India without regard to its conflict of law principles.
Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts located within the jurisdiction of Margao, Goa. By accepting these terms and conditions, you expressly submit to the personal jurisdiction of the courts in Margao, Goa, India for the resolution of any such legal disputes.
8. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable law; or
- Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising
9. Contact Us
If you have any questions, concerns, or requests, please contact us at business@perceptionyst.com.
By using our Service, you consent to the Terms & Conditions. Your continued use of the Service constitutes your acceptance of any changes to the Terms & Conditions.
Thank you for using upQRade.
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