YupSmart Terms of Use

These “Terms of Use” explain the contractual agreement between you (“you”, “your”) and YupSmart Inc. (“YupSmart”, “we”, “us”, “our”), regarding your use of and access to the website located at http://www.YupSmart.com , any other websites owned or operated by YupSmart or any portions thereof, and any resources, features, functionality, or services made available through the Website and/or App (hereafter referred to as the “Use”). YupSmart reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website, the App or the Use (or any part thereof) with or without notice. You agree that YupSmart shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Use.

The domain name www.YupSmart.com (hereinafter referred to as “Website” or “YupSmart”) is owned by “Sai Apps”, a proprietary firm with its registered office at Survey No. 130/132, Roseland, Ph-III, Bldg E, Pimple Saudagar, Pune – 411027.

Acceptance
Your access to and use of the Website and/or App signifies that you have read, understand and agree to be bound by these Terms of Use, whether you are or are not a registered user of YupSmart, and is subject to your compliance with these Terms of Use. YupSmart reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website or App to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Website or App. In addition, YupSmart may post additional terms, conditions, rules or requirements related to the Website and/or App and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them. At its sole discretion, YupSmart also may offer other services or features governed by different Terms of Use.

Customer Care
We strive to offer the best customer service for all of our users on YupSmart. Please feel free to contact YupSmart Support at support@YupSmart.com with any questions or concerns and we will be happy to help!

Refunds & Returns
We want you to be completely satisfied with your purchase on YupSmart. If for any reason you are unhappy, please contact YupSmart support at support@YupSmart.com

You may return all products within 30 days of delivery. You can initiate a return or a refund on items from your Order History page. Simply click on “Cancellation and returns”, fill the details and YupSmart Support will be ready to assist.
We aim to process all requests within 72 hours upon receiving. Refunds are issued back to the original form of payment used to purchase the order. Should you have any questions about the status of your refund, your return or your account, please feel free to contact YupSmart support at support@YupSmart.com.

Users
YupSmart provides users the Use, including various media sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Use may include advertisements and that these advertisements help enable YupSmart to provide the Use. You also understand and agree that the Use may include certain communications from YupSmart. By using the Website, App or Use, you will be automatically deemed to have opted in to receive e–mail communication from us. When you sign in for the first time, your preferences will be set to automatically publish all social interactions to other social networks. However, you will be able to edit these preferences at any time under “Settings”.

Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on YupSmart but YupSmart strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. YupSmart will not honor rewards from such accounts.

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Use, including the release of or access to new properties, shall be subject to the Terms of Use.

Age Verification
By registering as a user, you certify that you are 18 years of age or older. Children under the age of 18 may not become a YupSmart user, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally–identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

User Communication
YupSmart has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in YupSmart’s sole discretion. By using the Website, the App or the Use or communicating with YupSmart or others by means of your access to the Website or App, you consent to receive communications from YupSmart, including but not limited to, emails, text or Facebook messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Use.

Privacy
By using the Website, App or Use or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy..

Ownership
The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by YupSmart or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Use by any means other than through the interface YupSmart provides via the Website or App for use in accessing the Use. Your use of the Website, App or Use does not grant you any right, license or permission of any kind to reproduce or use YupSmart’s intellectual property.

User Feedback and Content Submissions
YupSmart welcomes your feedback, but if you send us or post or embed on the Website, App or via any Use, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to YupSmart that you either own the Submission or have the right to grant YupSmart the license described below. YupSmart does not claim to own such Submission, only the rights you have licensed to us.

You agree that in making a Submission, YupSmart shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to YupSmart, and that YupSmart alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Use, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to YupSmart via the Website, App or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Use; (b) automatically grant YupSmart a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenseable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Use a perpetual, worldwide, non-exclusive license to access your Submission through the Use, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Use and under these Terms of Use.

YupSmart reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Website or App and will be removed. Inappropriate content includes but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material.

Termination
YupSmart shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms of Uses, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, YupSmart shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that YupSmart terminates your use rights, YupSmart shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Linking and Third Party Content
The Website, App and Use may contain links to third–party websites not under our control or operation. YupSmart or users may provide any such links only as a convenience; YupSmart does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on YupSmart, please notify YupSmart’s support  at Support@YupSmart.com. When filing your report, please provide the following information below:

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 YupSmart;
Information reasonably sufficient to permit YupSmart to contact you, such as your address, telephone number, and, e-mail 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; and
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.
Once proper, bona fide infringement notification is received, it is our policy:

To remove or disable access to the infringing material;
To notify the content provider, member or user that we have removed or disabled access to the material;
That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the YupSmart.

Limitation of Liability
YupSmart shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Website, App and the information, content, merchandise and experiences provided via the Website and/or App. YupSmart shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Website or App, or purchase or use of products, merchandise, or experiences via the Website or App, including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if YupSmart has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by YupSmart. regardless of whether any remedy set forth herein fails of its essential purpose.

Sales, Custom and Value-added taxes
In an effort to remain compliant with respective consumer legislations, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.

Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase.

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