Customers’ Terms and Conditions

Terms and Conditions ("Terms")

Our Terms and Conditions were last updated on June 19

th.

, 2023.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the

following conditions. The following definitions shall have the same meaning regardless of

whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

● “Affiliate” means an entity that controls, is controlled by or is under common

control with a party, where "control" means ownership of 50% or more of the

shares, equity interest or other securities entitled to vote for election of directors or

other managing authority.

● “Account” means a unique account created for You to access our Service or parts

of our Service.

● “Company” (referred to as either "the Company", "We", "Us" or "Our" in this

Agreement) refers to Upsuh Online.

● “Country” refers to Jamaica.

● “Content” refers to content such as text, images, or other information that can be

posted, uploaded, linked to, or otherwise made available by You, regardless of the

form of that content.

● “Device” means any device that can access the Service such as a computer, a cell

phone, or a digital tablet.

● “Feedback” means feedback, innovations or suggestions sent by You regarding

the attributes, performance, or features of our Service.

● “Products” refers to the products or items offered for sale on the Service.

● “Orders” means a request by You to purchase Products from Us.

● “Promotions” refer to contests, sweepstakes or other promotions offered through

the Service.

● “Service” refers to the Website.

● “Terms and Conditions” (also referred as "Terms") mean these Terms and

Conditions that form the entire agreement between You and the Company

regarding the use of the Service.

● “Third-Party Social Media Service” means any services or content (including data,

information, products, or services) provided by a third-party that may be displayed,

included, or made available by the Service.

● “Website” refers to UPSUH accessible from https://www.upsuh.com/

● “You” means the individual accessing or using the Service, or the company, or

other legal entity on behalf of which such individual is accessing or using the

Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement

that operates between You and the Company. These Terms and Conditions set out the

rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and

compliance with these Terms and Conditions. These Terms and Conditions apply to all

visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions.

If You disagree with any part of these Terms and Conditions, then You may not access the

Service.

You represent that you are over the age of eighteen (18). The Company does not permit

those under eighteen (18) to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and

compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our

policies and procedures on the collection, use and disclosure of Your personal

information when You use the Application or the Website and tells You about Your

privacy rights and how the law protects You. Please read Our Privacy Policy carefully

before using Our Service.

User Accounts

When You create an account with Us, you must provide Us information that is accurate,

complete, and current at all times. Failure to do so constitutes a breach of the Terms,

which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and

for any activities or actions under Your password, whether Your password is with Our

Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us

immediately upon becoming aware of any breach of security or unauthorized use of Your

account.

You may not use as a username the name of another person or entity or that is not

lawfully available for use, a name or trademark that is subject to any rights of another

person or entity other than You without appropriate authorization, or a name that is

otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post

to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify,

publicly perform, publicly display, reproduce, and distribute such Content on and

through the Service. You retain any and all of Your rights to any Content You submit, post,

or display on or through the Service and You are responsible for protecting those rights.

You agree that this license includes the right for Us to make Your Content available to

other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right

to use it and grant Us the rights and license as provided in these Terms, and (ii) the

posting of Your Content on or through the Service does not violate the privacy rights,

publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly

understand and agree that You are solely responsible for the Content and for all activity

that occurs under your account, whether done so by You or any third person using Your

account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to

disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples

of such objectionable Content include, but are not limited to, the following:

● Unlawful or promoting unlawful activity.

● Defamatory, discriminatory, or mean-spirited content, including references or

commentary about religion, race, sexual orientation, gender, national/ethnic origin,

or other targeted groups.

● Spam, machine – or randomly – generated, constituting unauthorized or

unsolicited advertising, chain letters, any other form of unauthorized solicitation, or

any form of lottery or gambling.

● Containing or installing any viruses, worms, malware, trojan horses, or other

content that is designed or intended to disrupt, damage, or limit the functioning of

any software, hardware, or telecommunications equipment or to damage or obtain

unauthorized access to any data or other information of a third person.

● Infringing on any proprietary rights of any party, including patent, trademark, trade

secret, copyright, right of publicity or other rights.

● Impersonating any person or entity including the Company and its employees or

representatives.

● Violating the privacy of any third person.

● False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion,

determine whether or not any Content is appropriate and complies with these Terms,

refuse, or remove this Content. The Company further reserves the right to make

formatting and edits and change the manner of any Content. The Company can also limit

or revoke the use of the Service if You post such objectionable Content. As the Company

cannot control all content posted by users and/or third parties on the Service, you agree

to use the Service at your own risk. You understand that by using the Service You may be

exposed to content that You may find offensive, indecent, incorrect or objectionable, and

You agree that under no circumstances will the Company be liable in any way for any

content, including any errors or omissions in any content, or any loss or damage of any

kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee

there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is

corrupted prior to being backed up or that changes during the time a backup is

performed.

The Company will provide support and attempt to troubleshoot any known or discovered

issues that may affect the backups of Content. But You acknowledge that the Company

has no liability related to the integrity of Content or the failure to successfully restore

Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location

independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any

claim that Content posted on the Service infringes a copyright or other intellectual

property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the

copyrighted work has been copied in a way that constitutes copyright infringement that

is taking place through the Service, You must submit Your notice in writing to the

attention of our copyright agent via email, info@upsuh.com and include in Your notice a

detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for

misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)

by providing our Copyright Agent with the following information in writing (see 17 U.S.C

512(c)(3) for further detail):

● An electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright's interest.

● A description of the copyrighted work that You claim has been infringed, including

the URL (i.e., web page address) of the location where the copyrighted work exists

or a copy of the copyrighted work.

● Identification of the URL or other specific location on the Service where the

material that You claim is infringing is located.

● Your address, telephone number, and email address.

● A statement by You that You have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law.

● A statement by You, made under penalty of perjury, that the above information in

Your notice is accurate and that You are the copyright owner or authorized to act

on the copyright owner's behalf.

You can contact our copyright agent via email, info@upsuh.com. Upon receipt of a

notification, the Company will take whatever action, in its sole discretion, it deems

appropriate, including removal of the challenged content from the Service.

Placing Orders for Products

By placing an Order for Products through the Service, You warrant that You are legally

capable of entering into binding contracts.

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to

supply certain information relevant to Your Order including, without limitation, Your

name, Your email, Your phone number, Your credit card number, the expiration date of

Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit

card(s) or other payment method(s) in connection with any Order; and that (ii) the

information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to

payment processing third parties for purposes of facilitating the completion of Your

Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons

including but not limited to:

● Products availability

● Errors in the description or prices for Products

● Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal

transaction is suspected.

Your Order Cancellation Rights

Any Products you purchase can only be returned or refunded in accordance with these

Terms and Conditions.

Availability, Errors, and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products

available on Our Service may be mispriced, described inaccurately, or unavailable, and

We may experience delays in updating information regarding our Products on the

Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information,

including prices, product images, specifications, availability, and services. We reserve the

right to change or update information and to correct errors, inaccuracies, or omissions at

any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an

Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in

the event of any occurrence affecting delivery caused by government action, variation in

customs duties, increased shipping charges, higher foreign exchange costs and any other

matter beyond the control of the Company. In that event, You will have the right to

cancel Your Order.

Payments

Payment can be made through various payment methods we have available, such as

Lynk, bank transfers and payment cards (credit or debit cards) which are subject to

validation checks and authorization by Your card issuer.

If we do not receive the required authorization, we will not be liable for any delay or non-

delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are

separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our

will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users),

features and functionality are and will remain the exclusive property of the Company and

its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and

foreign countries.

Our trademarks and trade dress may not be used in connection with any product or

service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for

any reason such assignment is ineffective, You agree to grant the Company a non-

exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use,

reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without

restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or

controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy

policies, or practices of any third-party web sites or services. You further acknowledge

and agree that the Company shall not be responsible or liable, directly, or indirectly, for

any damage or loss caused or alleged to be caused by or in connection with the use of or

reliance on any such content, goods, or services available on or through any such web

sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-

party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability,

for any reason whatsoever, including without limitation if You breach these Terms and

Conditions.

Upon termination, your right to use the Service will cease immediately. If You wish to

terminate Your Account, you may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company

and any of its suppliers under any provision of this Terms and Your exclusive remedy for

all of the foregoing shall be limited to the amount actually paid by You through the

Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its

suppliers be liable for any special, incidental, indirect, or consequential damages

whatsoever (including, but not limited to, damages for loss of profits, loss of data or other

information, for business interruption, for personal injury, 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 Terms), even if the Company or any supplier has been advised of the possibility of

such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability

for incidental or consequential damages, which means that some of the above limitations

may not apply. In these states, each party's liability will be limited to the greatest extent

permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

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,

the Company, on its own behalf and on behalf of its Affiliates and its and their 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, the Company provides 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, applications, 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 the Company nor any of the company's 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 the Company are free of viruses, scripts, trojan horses, worms, malware,

timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations

on applicable statutory rights of a consumer, so some or all of the above exclusions and

limitations may not apply to You. But in such a case the exclusions and limitations set

forth in this section shall be applied to the greatest extent enforceable under applicable

law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and

Your use of the Service. Your use of the Application may also be subject to other local,

national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, you agree to first try to resolve the

dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of

the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the

United States government embargo, or that has been designated by the United States

government as a "terrorist supporting" country, and (ii) You are not listed on any United

States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms 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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an

obligation under these Terms shall not affect a party's ability to exercise such right or

require such performance at any time thereafter nor shall the waiver of a breach

constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

If a revision is material, we will make reasonable efforts to 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 those revisions become effective, you

agree to be bound by the revised terms. If You do not agree to the new terms, in whole or

in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, you can contact us:

● By sending us an email: info@upsuh.com