Terms of Use

These terms and conditions outline the rules and regulations for the use of www.upcide.com is an internet-based portal owned and operated by Upside Investech Networks Private Limited (“Company” or “Upcide.com” or “we” or “us” or “our”); a company bearing Corporate Identity Number (CIN) U70109MH2021PTC363951 incorporated under Indian Companies Act, 2013, having its registered address at Unit Number 12, Ram Janki, 356 Linking Road, Khar (W), Mumbai – 400052.

This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.

This user agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access and/or usage of www.upcide.com (“Website”) 
Definitions/Interpretations:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:

“Client”,” Member”, "User", "You" and "Your", refers to you, the person who logs on this website and compliant to the Company’s terms and conditions.

"Party", "Parties", or "Us", refers to both the User and Upcide.com. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

“Intellectual Property Rights” means all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).

Applicable Law” means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect

Absolute Consent:
Please read these website terms of use carefully before using this website (hereinafter 'website'). These website terms of use (hereinafter 'terms of use') govern your access to and use of the website. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorised to represent (hereinafter 'you' or 'your') signify your agreement to be bound by the terms of use.

Consent to Amendment(s):
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.upcide.com, Upcide.com’s offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Upside Investech Networks Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Upside Investech Networks Private Limited will alert you that changes, or revisions have been made only by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Upside Investech Networks Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Upside Investech Networks Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

Cookies
We employ the use of cookies. By accessing Upcide.com, you agreed to use cookies in agreement with our Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Access to Website
While we take all reasonable care in preparing, maintaining and updating the information on this website, we do not represent or warrant (either express or implied) the accuracy, reliability or completeness of any of the website content. You acknowledge and accept that the website content may include errors. The website content is subject to change at our sole discretion without notice to you and may not be up to date or accurate at the time you access it.

It is your responsibility to enquire with us directly to ensure the adequacy, accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, we disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from your use of, or reliance on, the website or the website content.

We provide no guarantee that access to the website will be available or that the website is free from viruses or anything else which may damage any computer which accesses the website or any data on such a computer. We may from time to time restrict access to any part or whole of the website at our discretion. By using this website, you agree to do so at your sole risk.

License and Ownership
We are the owner or the licensee of all intellectual property rights on this Website, and in the material published on it. The works published on the Website are protected by copyright laws and treaties around the world. All such rights are reserved. You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law. You must not modify or use any illustrations, photographs, video or audio sequences or any graphics available on the Website separately from any accompanying text. You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Upcide.com grants to you a limited, non-exclusive, non-transferable license to access and use the site in accordance with the terms and conditions set forth in this agreement. We reserve all right, title and interest, not expressly granted under this license and to the fullest extent possible under applicable laws. Any use of the site not specifically permitted under this agreement is strictly prohibited. Unless otherwise stated, Upcide.com and/or its licensors own the intellectual property rights for all material on Upcide.com. All intellectual property rights are reserved. You may access this from Upcide.com for your own personal use subject to restrictions set forth in these Terms of Use.

You must not:
  • Republish material 
  • Sell, rent or sub-license material 
  • Reproduce, duplicate or copy material 
  • Redistribute content 

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. We do not filter, edit, publish or review comments prior to their presence on the website and comments do not reflect the views and opinions of Upcide.com, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Upcide.com shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.

Upcide.com reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
  • You are entitled to post the Comments on our website, have all necessary licenses and consents to do so and the information belongs to you
  • The Comments do not invade any intellectual property right, including without limitation, copyright, patent or trademark of any third party
  • The Comments do not contain any grossly harmful, harassing, blasphemous, pornographic, paedophilic, defamatory, libellous, offensive, indecent, hateful, or racially / ethnically objectionable, disparaging, material or those encouraging money laundering or gambling, or otherwise unlawful material which is an invasion of privacy
  • The Comments do not harm minors in any way
  • The Comments do not deceive or mislead the addressee about the origin of such messages or communicate any information which is grossly offensive or menacing in nature
  • The Comments do not impersonate another person
  • The Comments do not contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
  • The Comments do not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognisable offence or prevent investigation of any offence or are an insult to any other nation
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity
  • The Comments do not violate any law for the time being in force.

We retain the right to remove any non-compliant information from the Website, and immediately terminate your access or usage rights to the Website in the event that you do not comply with these Terms of Use. You hereby grant Upcide.com a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

The following organisations may link to our website without prior written approval:
  • Government agencies
  • Search engines
  • News organisations
  • Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organisations:
  • Commonly known consumer and/or business information sources
  • Dot.com community sites
  • Associations or other groups representing charities
  • Online directory distributors
  • Internet portals
  • Accounting, law and consulting firms; and
  • Educational institutions and trade associations
  • Business Associates, Group companies, and/or companies affiliated to Upcide.com

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) there is benefit to us from the visibility of the hyperlink and (d) the link is in the context of general resource information.

If you are one of the organisations listed above and are interested in linking to our website, you must inform us by sending an e-mail to info@upcide.com. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL on our site to which you would like to link. The response is on the sole discretion  of Upcide.com

Approved organisations may hyperlink to our website as follows:
  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site
  • No use of our logo or other artwork will be allowed without a valid trademark license agreement

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims arising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.

PRIVACY
We process information about you in accordance with our Privacy Policy. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Website for the purpose of use in course of our service offering or for our marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our Services. You agree that you waive your moral rights to be identified as the author and we may modify your submission. For details, read our Privacy Policy

Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
  • Limit or exclude our or your liability for death or personal injury
  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation
  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

All the information on this website www.upcide.com, is published in good faith and for general information purpose only. Upside Investech Networks Private Limited does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website www.upcide.com, is strictly at your own risk. Upside Investech Networks Private Limited will not be liable for any losses and/or damages in connection with the use of this website.

It is further clarified in explicit terms that nothing on this website shall be construed as Direct or Indirect Offer to Invest/Buy/Fund in any of Investment Schemes/Real Estate Schemes/Real Estate Properties/Equipment Leasing Schemes/Financial Schemes, launched by Upside Investech Networks Private Limited or it’s associate entities. That nothing on this website is for solicitation or invitation to any individual/firm/ company/AOP/ entity for any Investment/Buying/Funding purposes pertaining to Real Estate or Industrial Equipment or otherwise, and it is further clarified that any opportunity listed on the website involves standard market risks and is neither insured by Upside Investech Networks Private Limited, nor we can be held liable for any monetary or other losses the investor may incur due to the same.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links of useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all or any of the content found on these sites. Site owners and content may change without notice and such change may occur before we have the opportunity to remove a link which may have gone 'bad'.

You acknowledge and agree that the services provided on this Website are on "as is" and "as available" basis and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Upside Investech Networks Pvt. Ltd. (“clause”), its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("clause parties") disclaim all warranties, express or implied, in connection with the services offered including mobile apps and your use of them. To the fullest extent permitted by applicable law, the clause parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content, assume no responsibility and in no event shall Upcide.com be liable to you for any damages resulting from any 
(i) Errors, mistakes, or inaccuracies of content
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services
(iii) Any unauthorised access to or use of our servers and/or any and all personal information stored therein 
(iv) Any interruption or cessation of transmission to or from the services
(v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party
(vi) Any loss of your data or content from the services and/or 
(vii) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services
(viii) Disclosure of information pursuant to terms of our privacy policy
(ix) Your failure to keep your password or account details secure and confidential
(x) Loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The clause parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from clause or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorised to do so in writing by clause, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

In no event shall Upcide.com be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Copyright Infringement Complaint
Upcide.com respects the intellectual property of others. In case you feel that your trademark or copyright has been infringed, you can write to us at info@upcide.com along with the following:
  • Whoever has authorization by the owner of the exclusive copyright must include their signature
  • Include your trademark registration number and proof of registered trademark
  • Show us the exact content in question
  • Include the email address you wish to receive correspondence to, a phone number, and current address
  • Include an original statement, explaining what material, in your opinion, has been copyrighted
  • State that the information submitted is accurate, not perjury, and that you have authorization to be making this complaint

GOVERNING LAW AND JURISDICTION
To the fullest extent permitted by law, these Terms of Use are governed by the Applicable Laws of India for the time being in force and courts in Mumbai, India will have jurisdiction.
Please contact us on info@upcide.com for the name and contact details of the grievance officer, in accordance with Information Technology Act 2000 and rules made thereunder.

SEVERABILITY
If any provision of this Terms of use shall be determined to be void or unenforceable under the Applicable Laws, such provisions of the Terms of use shall be deemed amended or deleted in so far as reasonably inconsistent with the purpose of this Terms of use and to the extent necessary to conform to Applicable Laws and the remaining provisions of this Terms of use shall remain valid and enforceable as applicable at the time of execution of this Terms of use.

INDEMNITY
That user hereby covenants to keep Upcide.com and its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss) or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation) arising due to breach of this Terms of use by the User.

Non-Assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Independent Contractor
Nothing contained in this Terms of Use shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
No Third-Party Beneficiaries
User acknowledges and agrees that this Agreement shall in no event be construed as a third-party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

Dispute Resolution
Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration by a sole Arbitrator, nominated and appointed by mutual consent of both the parties or if mutual consent of both parties is not possible then each party shall appoint one arbitrator each who then jointly and amicably shall appoint the Presiding Arbitrator, whose decision shall be binding upon both parties. The proceedings of the Arbitration shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made there under. The place of Arbitration shall be Mumbai.

Survival of Terms of Use
Notwithstanding any other provisions of this Terms of Use or the Privacy Policy, or any general legal principles to the contrary, any provision of this Terms of Use that imposes or contemplates continuing obligations on the user will survive the expiration or termination of this Terms of Use.