Terms and Conditions of Service
This terms and conditions of service (this "agreement") apply to your use of and registration with UPMAXGROUP.com (this "site").
Please read this agreement before accessing, browsing, or otherwise using the site. By accessing and using this site, you accept this agreement, without limitation or qualification. Please refer to UPMAX's Privacy Policy and Data Protection for information regarding the company's collection, use, and storage of users' information.
Overview
This terms and conditions of service agreement (this "agreement") is entered into by and between us, UPMAX Group, and you, and is made effective as of the date of your first use of this website (this "site") or the date of electronic acceptance. This agreement sets forth the general terms and conditions of your use of this site and the products and services purchased or accessed through this site (individually and collectively, the "services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to particular services.
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Whether you are simply browsing or using this site to purchase services, your use of this site and your electronic acceptance of this agreement signifies that you have read, understood, acknowledged and agreed to be bound by this agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference.
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The terms "we", "us" and "our" shall refer to UPMAX Group. The terms "you" and "your" shall refer to any individual or entity who accepts this agreement, has access to your account or uses the services. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
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UPMAX reserves the right to change, modify, add or delete portions of this agreement at any time, without prior notice. Please re-review this agreement periodically for changes. Your continued use of this site will mean that you accept such changes or deletions. Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services. In addition, we may occasionally notify you of changes or modifications to this agreement by email. It is therefore very important that you keep your shopper account ("account") information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Eligibility; Authority
This site and the services are available only to users who can form legally binding contracts under applicable law. By using this site or the services, you represent and warrant that you are:
(a) at least eighteen (18) years of age;
(b) otherwise recognised as being able to form legally binding contracts under applicable law; and
(c) not a person barred from purchasing or receiving the services under the laws of the United States or other applicable jurisdiction.
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If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you" and "your" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right to (but undertake no duty to) require additional authentication from you. You further agree to be bound by the terms of this agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the services, whether or not authorised by you.
Accounts; Transfer of data abroad
Accounts
In order to access some of the features of this site or use some of the services, you will have to create an account. You represent and warrant to us that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If we have reason to believe that your account information is untrue, inaccurate, out of date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorised by you or not, and you must keep your account information secure, including without limitation, your client number/login, password, payment methods (as defined below), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN for each account at least once every six (6) months. You must notify us immediately of any breach of security or unauthorised use of your account. We will not be liable for any loss you incur due to any unauthorised use of your account. You, however, may be liable for any loss we or others incur in connection with your account, whether caused by you, or by an authorised person, or by an unauthorised person.
Transfer of data abroad
If you are visiting this site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this site and communicating electronically with us, you consent to such transfers.
Availability of wesite/services
Subject to the terms and conditions of this agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this site and the services twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this site or the service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
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You acknowledge and agree that you have the necessary rights and permissions to share all information we need to provide the services. You acknowledge and agree that the services may be provided by independent contractors or third-party service providers.
General rules of conduct
You acknowledge and agree the following.
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Your use of this site and the services, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
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This site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the "Content"), is the property of UPMAX, and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in this agreement, nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any content displayed on this site, through the use of framing or otherwise, without the prior written permission of UPMAX or such third party that may own the trademark or copyright of material displayed on this site.
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You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user, or any other person or entity, without their express prior written consent.
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You will not use this site or the services in a manner (as determined by us in our sole and absolute discretion) that:
(a) is illegal, or promotes or encourages illegal activity;
(b) promotes, encourages or engages in child pornography or the exploitation of children;
(c) promotes, encourages or engages in terrorism or violence against people, animals, or property;
(d) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
(e) violates protection act of infringes the intellectual property rights of another user, or any other person or entity;
(f) violates the privacy or publicity rights of another user, or any other person or entity, or breaches any duty of confidentiality that you owe to another user, or any other person or entity;
(g) interferes with the operation of this site or the services found on it;
(h) contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
(i) or contains false or deceptive language, or unsubstantiated or comparative claims, regarding us or our services.
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You will not copy or distribute, in any medium, any part of this site or the services, except where expressly authorised by us.
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You will not modify or alter any part of this site, the services found on it, or the related technologies.
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You will not access UPMAX content (as defined below) or user content through any technology or means other than through this site itself, or as we may designate.
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You will not re-sell or provide the services for a commercial purpose, including any of our related technologies, without our express prior written consent.
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You agree to provide government-issued photo identification and/or government-issued business identification, as required for verification of identity, when requested.
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You are aware that we may from time to time call you about your account, and that, for the purposes of any and all such calls, you do not have any reasonable expectation of privacy during those calls. Indeed, you hereby consent to allow us, in our sole discretion, to record the entirety of such calls regardless of whether we ask you during any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recordings may be submitted as evidence in any legal proceedings in which we are a party.
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We reserve the right to modify, change or discontinue any aspect of this site or the services including, without limitation, prices and fees for the same, at any time.
Additional reservation of rights
We expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any account or services for any reason (as determined by us, in our sole and absolute discretion), including, but not limited to, the following.
(a) to correct mistakes made by us in offering or delivering any services,
(b) to protect the integrity and stability of, and correct mistakes made by, any of our partners,
(c) to assist with our fraud and abuse detection and prevention efforts,
(d) to comply with court orders against you and any applicable local, state, national and international laws, rules and regulations,
(e) to comply with requests of law enforcement, including subpoena requests,
(f) to comply with any dispute resolution process,
(g) to defend any legal action or threatened legal action without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit,
(h) to avoid any civil or criminal liability on the part of us, our officers, directors, employees and agents, as well as our affiliates, including, but not limited to, instances where you have sued or threatened to sue us.
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We expressly reserve the right to review every account for excessive space and bandwidth utilisation, and to terminate or apply additional fees to those accounts that exceed allowed levels.
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We expressly reserve the right to terminate, without notice to you, any and all services where, in our sole discretion, you are harassing or threatening us and/or any of our employees.
Links to third-party websites
This site, and the services found on it, may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using this site, or the services found on it, you expressly release us from any and all liability arising from your use of any third-party website.
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Accordingly, we encourage you to be aware when you leave this site, or stop using the services found on it, and to review the terms and conditions, privacy policies and other governing documents of each other website that you may visit.
Limitation of liability
In no event shall we, our officers, directors, employees and agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from the following.
(a) The accuracy, completeness or content of this site
(b) The accuracy, completeness or content of any sites linked to this site (through hyperlinks, banner advertising or otherwise)
(c) The services found on this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)
(d) Personal injury or property damage of any nature whatsoever
(e) Third-party conduct of any nature whatsoever
(f) Any unauthorised access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored thereon
(g) Any interruption or cessation of services to or from this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)
(h) Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)
(i) Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, X-rated, obscene or otherwise objectionable
(j) Any loss or damage of any kind incurred as a result of your use of this site, or the services found on it, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not we are advised of the possibility of such damages
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In addition, you specifically acknowledge and agree that any action arising out of or related to this site, or the services found on it, must be commenced within one (1) year after the cause of action accrues, otherwise such action shall be permanently barred.
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In addition, you specifically acknowledge and agree that in no event shall our total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the action.
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The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement, or your use of this site or the services found on it.
Fees and payments
1. General Terms
You acknowledge and agree that we may charge any and all prices and fees to your payment method.
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You agree to pay any and all prices and fees due for services purchased or obtained from this site at the time you order the services. We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted on this site and be effective immediately without need for further notice to you. If you have purchased or obtained services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal, as further described below.
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Except as prohibited in any product-specific agreement, you may pay for services by utilising any of the following payment methods.
By providing a valid debit/credit card
Via a cheque from your personal or business current account, as appropriate
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You acknowledge and agree that where refunds are issued to your payment method, our issuance of a refund receipt is only confirmation that we have submitted your refund to the payment method charged at the time of the original sale, and that we have absolutely no control over when the refund will be applied towards your payment method's available balance. You further acknowledge and agree that the payment provider, and/or the individual issuing bank associated with your payment method, establish and regulate the time frames for posting your refund, and that such refund-posting time frames may range from five (5) business days to a full billing cycle, or longer.
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If for any reason we are unable to charge your payment method for the full amount owed for the services provided, or if we receive notification of a charge-back, reversal or payment dispute, or are charged a penalty for any fee we previously charged to your payment method, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any services registered or renewed on your behalf. We also reserve the right to charge you reasonable administrative fees or processing fees for:
(a) tasks we may perform outside the normal scope of our services;
(b) additional time and/or costs we may incur in providing our services; and/or
(c) your non-compliance with this agreement (as determined by us in our sole and absolute discretion).
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Typical administrative or processing fee scenarios include, but are not limited to:
(a) client service issues that require additional personal time or attention; and
(b) recouping any and all costs and fees, including the cost of services, incurred by us as a result of charge-backs or other payment disputes brought by you, your bank or payment-method processor.
These administrative fees or processing fees will be charged to the payment method we have on file for you.
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We may offer product-level pricing in various currencies. However, transaction processing is supported only in SGD (Singapore dollars) and a select number of currency options, as displayed on this site ("supported currency" or "supported currencies"). If the currency selected is a supported currency, the transaction will be processed in the supported currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a supported currency, the transaction will be processed in USD (US dollars) and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a supported currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged.
exchange-rate conversion fees by your bank. In addition, due to time differences between:
(a) the time you complete the checkout process;
(b) the time the transaction is processed; and
(c) the time the transaction posts to your bank statement;
the conversion rates may fluctuate.
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We make no representations or warranties that:
(a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a supported currency); or
(b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-supported currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
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In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other local fees and/or taxes, based on your bank and/or the country indicated in your billing address.
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Refund policy: Our company is committed to client satisfaction, and therefore, we have a refund policy in place. If clients are not satisfied with the services provided or change their minds and do not wish to proceed with the order, they can request a refund. To request a refund, clients must contact our support team, and the refund will be processed and issued back to the client’s payment method. The conditions and deadlines for making the refund will depend on each case and are clearly negotiated in the service contract with clients. However, refunds will only be issued for services that have not been completed. This refund policy is subject to change at any time without prior notice, and by using our services, clients agree to our refund policy as a part of our terms & conditions.
2. Deposit and authorised fund payment
At the beginning, we will only collect 1 USD or 1 SGD of the total service fee as a deposit for your order. The remainder of the service fee will be captured when the full service is delivered. This remaining service fee needs to be authorised, and we will request an electronic authorisation from the cardholder's issuing bank. We can re-authorise your credit card if you order extra services from us.
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You are fully responsible for making sure your credit/debit card can cover the remaining fee. If your credit-/debit-card account does not have sufficient funds, the service may be delayed. After receiving the sale order and purchase order, the financial team/department will fully authorise the service fee for your order from your credit/debit card to guarantee the payment will be done. If the credit in your account is not enough, after 15 calendar days, we will not refund. We will refund the full deposit to you within 7 days if we cannot provide/deliver the services.
3. Currency conversion
We use USD (US dollar) as the list price for all our services. The price of services and products must be converted into SGD (Singapore dollar) for any payment made by credit card.
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For transactions involving a currency conversion, rates are derived from the mid-market rate, which is the midpoint between the "buy" and "sell" rates from global currency markets (exchange rate 1USD = 1.34 SGD).
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The rate may differ due to currency conversion with your local currency. Your credit-card statement might show SGD (Singapore dollar), depending on the payment method you selected.
Indemnity
You agree to protect, defend, indemnify and hold harmless us, and our officers, directors, employees, agents and third-party service providers, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorney’s fees) imposed upon or incurred by us directly or indirectly arising from:
(a) your use of and access to this site or the services found on it;
(b) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or
(c) your violation of any third-party right, including, without limitation, any intellectual-property or other proprietary right.
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The indemnification obligations under this section shall survive any termination or expiration of this agreement, or your use of this site or the services found on it.
Successors and assignees
This agreement shall be binding upon, and enure to the benefit of, the parties hereto and their respective heirs, successors and assignees.
No third-party beneficiaries
Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
Compliance with local laws
We make no representation or warranty that the content available on this site, or the services found on it, are appropriate in every country or jurisdiction; and access to this site, or the services found on it, from countries or jurisdictions where its content is illegal, is prohibited. Users who choose to access this site, or the services found on it, are responsible for compliance with all local laws, rules and regulations.
Titles and headings; independent covenants ; severability
The titles and headings of this agreement are for convenience and ease of reference only, and shall not be utilised in any way to construe or interpret the agreement of the parties other than as set forth herein. Each covenant and agreement in this agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this agreement shall not be affected thereby, and shall be found to be valid and enforceable to the fullest extent permitted by law.
Forwarding of mail; UPMAX's business address
Under no circumstances are You to list an UPMAX address as Your business address. In the event you list UPMAX’s address as the business address for you or one of the entities on Your Account, UPMAX reserves the right to terminate service for the Account, or resign as registered agent for any Entity on the Account, and You shall not be entitled to any refund. Additionally, You agree that the cost of any such resignation shall be Your responsibility. You agree to hold harmless and indemnify UPMAX for any costs or damages related to Your unauthorized use of an UPMAX address as your business address.
Registrant information
Unless you elect otherwise by making the appropriate selection on the UPMAX personal information page, UPMAX shall have the right to disclose certain limited registrant information including, but not limited to, the registrant's name, e-mail and mailing address, to affiliates, partners and third party vendors for the purpose of providing registrants with information about products and services. UPMAX shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. UPMAX shall have the right to send you electronic mail to inform you of changes or additions to this site, or of any products and services of UPMAX. For additional information, see the company's privacy policy.
Subscriber qualifications
When registering with or applying to UPMAX you must provide accurate, complete, and current registration information and you agree to provide UPMAX with any updates to that information promptly after such changes occur.
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Individual subscriptions to this site are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only as part of an authorized group subscription. Your right to use this site is personal to you and cannot be transferred to any other person.
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You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use this site. You shall be responsible for all charges associated with accessing and maintaining a connection to this site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
Access to and availability of this site
This site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from this site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
Restriction, suspension or terminations
UPMAX reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
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UPMAX may change, suspend or discontinue all or any aspect of this site at any time, including the availability of any site feature, database, or content, without prior notice or liability.
Contacting us
If you have any questions, please contact us by email or regular mail at the following address:
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Email address: info@upmaxgroup.com​
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Postal address: 10 Collyer Quay #40, Ocean Financial Centre, Singapore 049315​