(updated July 26, 2019)
Upmarqt Terms of Service
Welcome to Upmarqt and thank you for your interest in www.upmarqt.com (the “Website”, “Site” or “platform”), owned and operated by Upmarqt, and organized under the laws of the Netherlands. and hereafter referred to as “Upmarqt,” “company”, “us”, “our” or “we”. Upmarqt provides this marketplace Website to individuals seeking services (“Purchasers”) and to Individuals seeking to provide those services (“Service Providers”). Any party, including Purchasers, Service Providers and visitors to this Website may be referred to hereafter as the “user” or “you” throughout the Terms of Service. The Website constitutes our service (the “Service” or “Services”). Unless otherwise specified, all references to the Services include the marketplace services available through the Upmarqt Website, as well as any software that Upmarqt provides to you that allows you to access the Services.
The following Terms of Service are a legally binding contract between you and Upmarqt regarding your use of the Service. Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use the Service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
You acknowledge that Service Providers are independent contractors and that Upmarqt is not a party to any employment, assignment, engagement, agreement, arrangement, job, service or transaction between users of our platform for the hiring or performance of the Service Provider’s service. No agency, partnership, joint venture, or employment relationship between Upmarqt and any user of our Services is created as a result of these Terms of Service or any user’s access to, or use of, any part of the platform.
Upmarqt does not endorse any users of our Services and has no control of the services, job or work to be performed by Service Providers, or the payment for the same by the Purchaser. It is within the sole and absolute discretion of the users of our Services to engage one another through our Services. You should always exercise responsibility, due diligence and care when deciding whether to engage, hire or have any interaction with any other user as a Purchaser or a Service Provider.
You agree that the use of our Services is at your sole risk and by using the platform, you understand and agree that any legal remedy or recovery that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties and not Upmarqt. You agree not to attempt to impose liability on, or seek any legal remedy from Upmarqt with respect to such actions or omissions.
Furthermore, you hereby agree that Upmarqt shall have no liability for any damages or injuries resulting from your use of our platform or any engagement and interaction with another user by reason of your access to, and use of, our platform or Services.
In addition, certain areas of our Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
Upmarqt may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be conclusively deemed to have accepted the changes.
- Description of Service
- Upmarqt is an online marketplace venue that connects Purchasers with Service Providers for services that the Purchaser has an interest in or needs assistance with. Service Providers can post content and downloadables that are freely available to our users to assist them in choosing a suitable Service Provider to hire. Users, once registered with Upmarqt, can search our Website for a Service Provider using the Service Providers profile and any reviews left by other Purchasers, then select one and schedule their services. Service Providers set their own rates and conditions. Payment for the Service Provider must be made exclusively though an independent, and secure, third party payment portal available on the Upmarqt Website.
- Our Service includes Upmarqt content, systems, procedures, processes and technologies, and; any hardware, software, applications, data, reports, and other content made available by or on behalf of Upmarqt.
- Our Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
- Any modifications and new features added to the Service are also subject to this Agreement.
- Upmarqt reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, Upmarqt.
- Eligibility for Our Service
- By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with parental or legal guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement.
- ALL SERVICE PROVIDER SERVICES INVOLVING A PURCHASER UNDER THE AGE OF MAJORITY SHOULD BE SUPERVISED BY A PARENT OR A LEGAL GUARDIAN.
- If you are a Service Provider, you further represent and warrant that you have attained the above required age of majority where you provide your services, and have received any required legal authorization or licensure, permitting you to work in the jurisdiction or territory in which you will perform any services.
- As a user of our Services you represent and warrant that you have not been, and currently are not, the subject of any criminal complaint, action or restraining order for any offence involving violence, fraud, larceny, theft, abuse, neglect or any offense that involves endangering the safety of others, including without limitation any sexual or child abuse offenses, and you are not required to register as a sex offender in any jurisdiction.
- Upmarqt does not currently conduct criminal background screenings on its users, but reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with these and any other terms of this agreement.
- Accounts and Registration
- To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Service Providers on our Website may also be required to provide, without limitation, your business entity information, a driver license, picture ID, second form of ID, work experience certificate, information regarding any credentials, licenses or registration and copy of diploma. Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- Keep Your Password Secure. If you have been issued an account by Upmarqt in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Upmarqt, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Upmarqt immediately.
- Keep Your Details Accurate. Upmarqt may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
- Purchaser Account; Non-Circumvent
- Purchasers may create a free Upmarqt account. However, if you do engage the services of one, or more, of the Service Providers on our Service, you agree that you will be responsible for, and pay the fees charged by the Service Provider according to the terms you have agreed upon with the Service Provider. Furthermore, you agree to pay those fees using the Upmarqt provided third party payment service portal exclusively for all payments to the Service Provider. Your failure to use the Upmarqt third party payment service portal may result in the immediate termination of your Upmarqt account.
- Purchasers and Service Providers are prohibited from circumventing Upmarqt for the purpose of engaging one another for work or an assignment. Users may not contact another user in any manner whatsoever with the intent and purpose of avoiding Upmarqt Services. Any violation of this non-circumvent term may result in the immediate termination of one or both users account(s).
- Service Provider Account; Subscription Plan and Terms
In order to participate in our marketplace community, Service Providers must create an account and subscribe to a Monthly Subscription Plan. The Monthly Subscription Plan is automatically renewable and payable.
The features, subscriber rights, terms and prices of the Subscription Plan may change from time to time and the most current description and price may be found on our Subscription Plan pricing page here https://upmarqt.com/become-an-expert/
By completing your registration for a Subscription Plan, you authorize Upmarqt through its secure third party payment processor to charge your payment method on a recurring monthly basis for: (a) the applicable subscription plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of the Upmarqt services. The authorization continues through the subscription term and any renewal term until the subscriber cancels the Subscription Plan.
- Monthly subscription billed every month (“Monthly Subscription”).
- By purchasing a Monthly Subscription, you expressly acknowledge and agree that (a) your subscription has an initial and recurring payment feature, and Upmarqt (or our third party payment processor) is authorized to automatically charge your payment method monthly at the then-current subscription rate for your subscription as long as your subscription continues, and (b) your subscription is continuous and will be automatically extended for successive monthly periods until you cancel it.
- You may cancel your Monthly subscription at any time, by logging into your account or emailing us at firstname.lastname@example.org and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you will be removed from the Upmarqt marketplace as a Service Provider. Nevertheless, you are welcome to continue to use the free Services provided by Upmarqt. Upmarqt may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Upmarqt reasonably could act.
- You agree that we may charge you, and you will pay to Upmarqt, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
- In the event you cancel your Monthly subscription, please note that we may still send you promotional communications about Upmarqt, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
- Service Provider Invoicing and Payments; Non-Circumvention
- As a Service Provider, you agree that you will invoice your Purchaser for your services through the Upmarqt invoicing system that we provide to you, and that all client payments will be made to you through the Upmarqt secure third party payment service portal. Your failure to use the Upmarqt third party payment service portal may result in the immediate termination of your Upmarqt account and subscription.
- As a Service Provider, you agree that Upmarqt reserves the right to charge you service fees for any portion of our Services. You further agree that Upmarqt may change these fees at any time in its sole discretion. You will receive thirty (30) days notice before any fee schedule is changed. All balances and all fees, charges, and payments collected or paid through the Services are in US dollars.
- Service Providers will be liable for any taxes required to be collected on their Services and remitted to the appropriate tax collection agency including, without limitation, federal, state and local authorities. Furthermore, the Service Provider agrees to indemnify and hold Upmarqt harmless for any taxes, fines, penalties or injuries caused to Upmarqt for a breach of the terms of this of this section.
- Service Providers and Purchasers are prohibited from circumventing Upmarqt for the purpose of engaging one another for work or an assignment. Users may not contact another user in any manner whatsoever with the intent and purpose of avoiding Upmarqt Services. Any violation of this non-circumvent term may result in the immediate termination of one or both users account(s).
- Upmarqt Promotional Codes
- Upmarqt will, from time to time, make Promotional Credit Codes available to Service Providers and to Purchasers alike.
- All Promotional Credit Codes expire one (1) year after the date of issue.
- Promotional Credit Codes issued to Service Providers can be distributed by the Service Provider to their followers, friends, family and other entrepreneurs, but cannot used by the Service Provider themselves to make purchases.
- Notwithstanding the foregoing, If a Service Provider receives a Promotional Credit Code from another Upmarqt Service Provider, or from Upmarqt management, with instruction to use it on the Upmarqt Website for services, then the Service Provider shall be permitted to use the Promotional Credit Code as a Purchaser for services available on Upmarqt.
- Independent Contractors; No Guarantees, Warrantees or Endorsements
The Service Provider users of our Services are independent contractors and Upmarqt is not a party to any relationship, dealings or contract between users, including proposals, selection, contracting, and performance of Service Provider’s services. Upmarqt is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. Upmarqt does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Service Providers, nor of the integrity, responsibility or any of the actions or omissions of any Service Provider or Purchaser. Upmarqt makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Service Providers through the use of the Services, whether in public, private, in online or offline interactions, or about the accreditation, registration or licensing of any Service Provider.
In furtherance of the above:
- Upmarqt is not a party to any agreement for Service Provider services and does not itself offer to perform any services or work.
- The users of our Services are not employees or agents of Upmarqt.
- Upmarqt is not an agent or representative of the user.
- Upmarqt does not, in any way, supervise, direct, or control the Service Provider or the Service Provider’s work.
- Upmarqt makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Service Provider services, including, without limitation, All Warranties, Express or Implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
- Upmarqt does not set Service Provider’s work hours, work schedules or location of work.
- Upmarqt does not intervene in any transaction between the users. If you have any issues with a Purchaser or Service Provider respectively, you must resolve it between yourselves.
- Upmarqt Services may identify a user with a title, nevertheless, Upmarqt does not endorse or recommend the services of any particular user and we do not independently verify their representations about their services, their qualifications, their background, their identities, the ability of Service Providers to deliver their services, nor do we validate any reviews. It is the sole responsibility of each Purchaser to evaluate the Service Provider and their qualifications to perform the work or service.
- Upmarqt does not deduct any amount for withholding, unemployment, Social Security, or other taxes for the Service Provider.
- Service Providers are solely responsible for any taxes they are required to collect and remit to a tax collection authority.
- licenses, Permits and Service Provider Qualifications
Upmarqt does not request or verify any Service Provider’s professional credentials, license, permit or qualifications. Users must determine for themselves whether a Service Provider is licensed and qualified to perform the services requested.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may have “publicly accessible areas” that allow users to post User Content (defined hereafter) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Upmarqt shall not, under any circumstances, be liable in any way for any User Content.
- You shall not use any communication systems provided on our Services including, without limitation email and chat services for any commercial or solicitation purposes or to circumvent our Services.
- You shall not solicit for commercial purposes any users of our Services, that is not intended by the purpose of our Services, without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services.
- Privacy and Your Personal Information
- Information Accuracy
- We make no representation as to the completeness, accuracy, or currency of any information appearing on our Service or other content available on this Site including, without limitation, information posted or uploaded by any Service Provider.
- We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and Upmarqt disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
- Proprietary Rights
- As between Upmarqt and you, Upmarqt or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Upmarqt.
- Intellectual Property Rights
- Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), are owned by Upmarqt. You may not use the Proprietary Marks without our prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
- You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
- Use of Our Content; License
- We grant you a limited, nonexclusive, non-transferable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental. You may not decompile, reverse engineer, or disassemble Our Content, and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
- User Content Rights and Related Responsibilities; License
- “User Content” means, without limitation, any messages, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions, documents, or any other content you upload, transmit or otherwise make available to Upmarqt and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Upmarqt and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
- By submitting User Content on or through the Service, you grant Upmarqt a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
- You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
- Upmarqt expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it’s loss.
- You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Upmarqt resulting therefrom.
- Upmarqt may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
- Upmarqt has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
- You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
- Impersonate any person or entity.
- Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
- Advocate for or harass or intimidate another person.
- Promote information that is false or misleading.
- Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
- Promote violence, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Transmit anything that exploits children or minors or that depicts cruelty to animals.
- Solicit personal information from anyone under the age of 18.
- Use the service in an illegal manner or to commit an illegal act.
- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
- Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.
- Promote material that exploits people in a sexual, pornographic or violent manner.
- Provide instructional information about illegal activities.
- Infringe upon someone else’s trademark, copyright or other intellectual property or other rights.
- Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers, which are not in accord with the purpose for which this platform was designed.
- User Comments
Upmarqt does not investigate any posted user reviews, comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that Upmarqt is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. Upmarqt reserves the right to remove user comments or information that, in our sole judgment, violates this Agreement or negatively affects our Services.
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
- Suspension and Termination of Services
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- Third Party Links, Services and Content
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Upmarqt Services may now or in the future provide users the ability to participate in private chat communication activities (“Messages”). Upmarqt does not monitor or moderate these Messages. All users agree that Upmarqt shall not be responsible or liable for any content exchanged in any Messages between users. Furthermore, although we are not obligated to do so, we reserve the right at all times, without liability to us, to i) remove or refuse to distribute any Messages on the Service; ii) to suspend or terminate users; and iii) block participants from using Upmarqt Services. Users may report any content or actions of users that violate any of the terms of this Agreement by contacting us at email@example.com.
- Electronic Transactions
- Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions, payments and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions, payments and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
- In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
- Third Party Social Networking
Violating the security of our Website and Services is prohibited and may result in criminal and civil liability. Upmarqt may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: firstname.lastname@example.org
- Upmarqt Verification Disclaimer; Release
- It is the users sole responsibility to perform or obtain any and all background and reference checks regarding other users, including, without limitation a criminal background check and a sex offender registry check.
- Upmarqt may, at our sole and exclusive discretion, perform a basic background screening on any user by utilizing third party services as appropriate. Although Upmarqt may require background screening of users, we are not required or obligated to do so and cannot confirm that each user is who they claim to be and therefore, Upmarqt cannot and does not assume any responsibility for the accuracy, completeness, timeliness or reliability of identity or background screening information or any information provided through the Upmarqt services by the user.
- Furthermore, upmarqt makes no representations, guarantees or warranty that any service provider’s representations about their services, their qualifications, their licenses, their credentials, their background, their identities or the ability of service provider to deliver their services. It is the sole responsibility of each purchaser to evaluate the service provider and their qualifications to perform the their service.
- You agree to release upmarqt, our agents and employees from all claims, demands and damages, actual and consequential and direct and indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the upmarqt services to the fullest extent permitted by law.
- Interaction With Others
ALL SERVICES INVOLVING A PURCHASER UNDER THE AGE OF MAJORITY SHOULD BE SUPERVISED BY A PARENT OR A LEGAL GUARDIAN.
- You are solely responsible for determining the identity, suitability and for your interactions with the people you choose to engage with through the service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property. We make no representations or warranties as to the conduct of the people you choose to interact with. While not obligated to do so, Upmarqt reserves the right at its sole discretion to conduct any criminal or other background check or screenings at any time and using available public records.
- You assume all risk when using the services, including, without limitation, all risks associated with any online or offline personal interactions with others.
- In no event shall Upmarqt, its employees, consultants, executives or officers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a user or anyone else in connection with the use of the service including, without limitation, theft, bodily injury, emotional distress, death and/or any other damages resulting from communications with, contact with or personal interaction with other users.
- Disclaimers; No Warranties
- ALL SERVICES AND PRODUCTS AVAILABLE FROM UPMARQT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UPMARQT AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “UPMARQT PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF THE SERVICE PROVIDERS WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
- THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
- THE UPMARQT PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
- WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
- IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
- OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE SUM OF $100.
- YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless Upmarqt and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) serious physical or emotional harm, including death, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- General Release
- By using the Services, you release, to the maximum extent allowed by law, Upmarqt, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any serious physical or emotional harm, including death, to you or any third party.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Dispute Resolution
All disputes, claims, controversies, and disagreements arising in connection with this present Agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute according to the following terms:
- Number of arbitrators: The arbitral tribunal shall be composed of one arbitrator.
- Method of appointment: The arbitral tribunal shall be appointed according to the list procedure.
- Place of arbitration: The place of arbitration shall be Amsterdam, The Netherlands.
- Language: The proceedings shall be conducted in the English language.
- Measure for decision-making: The arbitral tribunal shall decide as amiable compositeur.
- Governing Law
This Agreement shall be construed, interpreted and enforced in accordance with, and governed by, the laws of the Netherlands, regardless of the effect of choice of law principles of such laws. The Parties hereto consent to personal jurisdiction and venue for the courts of the Netherlands.
- Disputes Between Users
The Upmarqt platform is a venue for connecting users of our Service and we are not a party to any contact or agreement between users. In the event that you have a dispute with another user, you release Upmarqt and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Law Enforcement
Upmarqt is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Upmarqt receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
- Entire Understanding
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at email@example.com.
Last updated: July 26, 2019