Terms and Conditions of Use
VERSION 1.1 (23.09.2024)
1. Parties
1.1 These Terms and Conditions of Use (the “Terms”) shall apply by and between the Company, a User, and generally, anyone using the Services and/or producsts offered by the Company through its Website.
1.2 These Terms apply to:
i. the website Upswag.co.
ii. any of the subdomains of it (the “Website”) and/or services offered by using the Website.
1.3 The Website is an official website of UPSWAG OÜ, 17073865, (hereinafter referred as the “Company”).
1.4 By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the “Services”), you (“User” and collectively with others using the Website “Users”) agree without any modifications to be bound by these Terms.
1.5 The Services are provided by the Company, and the terms “we,” “us,” and “our” refer to this legal entity. The Company may change the scope of the Services or stop providing Services in entirety at any time.
Disclaimer:
These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services. The information made available on our Website may be altered or removed at any time without prior notice. Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the “Last Revised” date at the top of the Terms. Subject to applicable law, the method of notification will be left to Company’s sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances, unless the Company is duty bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that Company transmits the information to the Users (e.g. via email). These changes will apply at the instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.
2. Rules applicable to Users
2.1 By entering the Website, a User acknowledges and confirms all of the following:We may collect Personal Data from you, such as :
2.1.1 They fully understand all of the Terms and that they may be subject to change in the future and agree to abide by them;
2.1.2 The company provides the Services related to.
2.1.3 The Usersagree to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
2.2 The Company’s obligations 2.2.1. The Company shall manage data related to the User in accordance with applicable Law, rules, and data protection laws.
3. Intellectual property and copyright of Feedback materials
3.1 All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website is the property of Company and its related entities and affiliates.
3.2 You may not copy, duplicate, print or circulate the information of this Website without our prior written consent.
3.3 You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our Website or one of our social media accounts, regarding Company or the Services (collectively, “Feedback”) that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Company.
3.4 Company grants you a non-exclusive, perpetual and non-transferable license to use the Website, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website.
4. Confidentiality of the transmission of information over the Internet
4.1 The transmission of data or information over the internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with Company containing your personal information. While Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to Company and will treat such information in accordance with Company’s Privacy Policy, in no event that will the information you provide to Company be deemed to be, confidential, create any fiduciary obligations for Company, or result in any liability for Company in the event that such information is accessed by third parties without Company’s consent.
5. Limited License
5.1 Company grants you a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information or other approved purposes as expressly permitted by Company from time to time.
5.2 Any other use of the Website or Content is expressly prohibited.
5.3 You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other Website or any other work of authorship without prior written permission of Company.
5.4 If you violated any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. “Upswag” and all logos related to the Services or displayed on the Website are either trademarks or registered marks of Company.
5.5 You may not copy, initiate or use them without Company’s prior written consent. You will not, not will you authorize or encourage any third party to:
5.5.1 Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company;
5.5.2 Use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.
6. Third-party content
Company, its affiliates, and its Users may provide third party content on the Website and may provide links to web pages and content that are not controlled by Company (collectively the “Third Party Content”) as a service to those interested in this information. Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of sch Third Party Content on the Website.
7. Applicable Law and Jurisdiction
7.1 You understand and accept that the relationship between you and Company shall be governed in all respects by the laws of Estonia without regard to its conflict of law provisions.
7.2 If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
7.3 Any dispute, controversy or claim arising out of or in connection with this Agreement shall be subject to jurisdiction where the Representative of UPSWAG OÜ is domiciled. Both Parties consent to the jurisdiction of the courts located within the Jurisdiction.
7.4 Any dispute arising out of or related to these terms is personal to you and you hereby agree that such dispute will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration in which individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether or outside of arbitration, or on behalf of any other individual or group of individuals.
8. Limitation of Liability
Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. Company also shall not be held liable for the content of hyperlinks to Website of third parties.
9. Communication
You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form. If you have any questions regarding these Terms, you are welcome to contact us by email at info@uspwag.co.
10. Purchasing Process
If you wish to purchase any goods from our Company, please note that purchases are not made directly through our Website. Instead, the purchasing process works as follows:
Payment Link: Once you have selected the goods you would like to purchase, we will send you a payment link through a third-party payment provider. This is typically handled via Stripe or Revolut Business. The payment link will be valid for a limited time, so please complete the transaction promptly to secure your order.
Payment: You will then use the provided payment link to complete your transaction with the third-party payment provider. Please note that by making this payment, you are agreeing to the terms and conditions of the respective payment provider (Stripe or Revolut Business). It is your responsibility to ensure that all payment information is accurate and up to date to avoid any delays in processing your order.
Order Processing and Shipping: Once your payment has been successfully processed, we will begin handling your order. We will arrange for the shipping of the goods to the address you have provided. Shipping times may vary depending on your location, and further details will be provided in the shipping confirmation. Please note that we are not responsible for any shipping delays caused by factors outside of our control, including but not limited to customs clearance or courier delays.
Customer Obligations: By placing an order, you confirm that:
You are legally entitled to make the purchase.
All the information provided during the payment process is correct and up to date.
You understand that once the payment is processed, no changes to the shipping address can be made unless confirmed by our support team.
Returns and Refunds: Please refer to our Returns and Refunds Policy for details on how to handle any issues with your order. You must contact us within the specified timeframe if there are any problems with the goods received, and ensure that all returns comply with our terms and conditions.
11. Terms for Refusal of Service
We reserve the right to refuse service or cancel any order under the following circumstances: If incorrect, incomplete, or fraudulent payment information has been provided.
If the payment is not processed successfully through the third-party payment provider (Stripe or Revolut Business).
If we are unable to verify the identity or payment details of the customer.
If shipping details are incorrect or if we are unable to ship to the provided address.
If any misuse of our services or violation of these terms and conditions is detected.
In the event that we need to cancel an order, we will notify you as soon as possible. If payment has already been processed, we will issue a full refund to the payment method used. However, we are not liable for any delays caused by the payment provider in processing this refund.
12. Returns and Refunds Policy
Please note that all sales are final, and we do not accept returns or issue refunds once the product has been delivered to the customer.
Exceptions to this policy may be considered only in the following cases:
The goods received are defective or damaged upon arrival.
The goods received do not match the description or the order placed.
If you experience any of the above issues, you must contact us within 7 days of receiving the goods. To initiate a return or refund in these cases, please provide photographic evidence of the defect or damage, along with your order details. Any returns or refunds will be evaluated on a case-by-case basis, and we reserve the right to refuse requests that do not meet these criteria.
In the event a return is authorized, you may be required to return the goods at your own expense. Refunds will be processed only after the goods have been returned and inspected. Shipping fees are non-refundable.
By making a purchase, you acknowledge and agree to this Returns and Refunds Policy
