TERMS & CONDITIONS

Effective from: 1 April 2022

These Terms of Use, forming an agreement between the user of the website and Upwan Nursery (hereinafter referred to as "Upwan Nursery" or "We" or "our" or "us" or "company"). By using the Upwan Nursery website, the Upwan Nursery service available by Upwan Nursery (herein after collectively referred to as the "Service"), however, accessed, you agree to be bound by these terms of this instant agreement ("Terms of Agreement") also recognized as Terms of Use. The Service is owned or controlled by Upwan Nursery. That the terms of this agreement/Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Whereas you opting to use the services of Upwan Nursery including Website will be conclusive proof of your irrevocably and unequivocally agreeing, in full, without any protest to the terms of this instant agreement and no averment, allegation, plea, claim, demand, grouse, contrary to terms of this agreement shall be tenable in the eyes of law being void-ab-initio. You are cautioned that Upwan Nursery may provide a wide range of Services/choices/self-help tool, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, special feature/website/Add-On service that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control “supplemental terms” to the extent there is a conflict with these Terms of Use, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

Accessing, browsing, or using the site indicates your agreement to all the terms and conditions under terms of use, so please read the terms and conditions carefully before proceeding. By impliedly or expressly accepting these terms of use, you also accept and agree to be bound by Upwan Nursery as amended from time to time.

TERMS OF AGREEMENT/USE

  • Upwan Nursery is offering its users this website for their own personal use only, but users should be aware that they are not allowed to copy, or modify the website or any part thereof, or our trademarks in any way. Users are not allowed to attempt to extract the source code of the website, and the user should not try to translate the website into other languages or make derivative versions.
  • The website itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us.
  • Not with standing anything stated in this agreement or any other document, FAQ, and/or content of the website of Upwan Nursery, Upwan Nursery shall be having sole and absolute discretion to permit the registration/re-registration of any user and the membership with Upwan Nursery website can never be claimed as a matter of right irrespective of the meeting of pre-requisites by anyone. Subject to its privacy policy, it is unconditionally and unequivocally agreed by you that Upwan Nursery may access user"s personal information including financial data, data usage, technical data, and related information, including but not limited to technical information about your device, device ID, model, system and website software, and peripherals, that is gathered periodically, to serve you better and to provide software updates, product support, and other services to You (if any) related to the website. Upwan Nursery may use this information, as long as it is to improve its products or to deliver customized services or technologies within the legally permissible sphere to generate, among other things, reports for its clients as per campaigns created by Upwan Nursery, the user"s activities and actions completed by users. The reports, so generated from the programs we develop are provided to our clients, for the purpose of determining operational successes and opportunities for improvement in areas such as service, sales, product presentation, maintenance, and other specifics of the client"s operations and personnel.

PROHIBITED ACTIVITIES

  • You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and the employees, directors, associates, vendors of Upwan Nursery and in that eventuality, Upwan Nursery shall be having sole and final authority to terminate the registration or membership of the user and/or its known associates.
  • You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Upwan Nursery users.
  • You shall not use domain names or web URLs of Upwan Nursery, in your username without prior written consent from Upwan Nursery and also shall not use/apply the name Upwan Nursery as your domain and/or URL.
  • You shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  • You agree that you will not solicit, collect or use the login credentials of other Upwan Nursery users.
  • You agree that you shall not post/chat (including data/voice call) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  • You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized by Upwan Nursery to create accounts on your behalf, Upwan Nursery prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
  • You shall not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
  • You shall not unauthorizedly access Upwan Nursery's private software/servers/host computers and other computer, computer system, computer network and shall in no way adversely affect the functioning of the Upwan Nursery website and other services. You shall not 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. You shall not inject content or code or otherwise alter or interfere with the way any Upwan Nursery page is rendered or displayed in a user"s mobile website or device.
  • You shall not attempt to restrict another user from using or enjoying the Service and you shall not encourage or facilitate violations of these Terms of Use or any other Upwan Nursery terms. That it is felt in the interest of the account holder/user of Upwan Nursery account that he should have the required information about the participants at one level below to him and one level up to him in the entire network of people developed by the people for their interest, it is therefore, you by accepting to become the holder of Upwan Nursery account apart from accepting the terms of this agreement also do hereby give your unconditional and unequivocal acceptance of sharing your details with the persons one level up to you and one level below to you and you know and agree that you may be contacted by all those persons and also contact them only for the purposes of your gain via Upwan Nursery and for no other purpose. You agree that violation of these Terms of Use may, in Upwan Nursery's sole discretion, result in termination of your Upwan Nursery account and/or forfeiture of Upwan Nursery Balance.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of India. Upwan Nursery and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, websites, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any websites you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

MEMBERSHIP AND HOW IT APPLIES

By using any of the Services, or submitting or collecting any Personal Information via the Services, you consent to the collection, transfer, storage disclosure, and use of your Personal Information in the manner set out in this Privacy Policy. If you do not consent to the use of your Personal Information in these ways, please stop using the Services.

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