Welcome to
www.uplonline.com (the said website) provides services (the "services/
uplmail") pursuant to the terms and conditions set forth below. By clicking
on the [submit] button, you are agreeing to use the services in a manner
consistent with the terms and conditions of this agreement and with all
applicable laws and regulations.
1.
This website,
www.uplonline.com (hereinafter referred to as the said website") is
operated by United Phosphorus Limited,Mumbai, India (hereinafter referred
to as "upl").
2.
Upl does not offer any services to any person through this website. Access
to any information through this website is provided only on "as is where is
basis" and "with all faults". All Information or products available on or
through the website, and any software made available on the website, are on
a "best effort basis".
2.a.
Disclaimer of warranties: you expressly agree the use of the service is at
your sole risk. the service is provided on an "as is" and "as available"
basis. UPL expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. UPL
makes no warranty the services will meet your requirements, or the services
will be uninterrupted, timely, secure, or error free; nor does UPL make any
warranty as to the results that may be obtained through the service or that
defects in the software will be corrected. you understand and agree any
material and/or data downloaded or otherwise obtained through the use of the
service is done at your own discretion and risk and you will be solely
responsible for any damage to your computer systems or loss of data that
results from the download of such material and/or data. UPL makes no
warranty regarding any goods or services purchased or obtained through the
service or any transactions entered into through the service. no advice or
information, whether oral or written, which you obtain from uplmail or
through the service shall create any warranty not expressly made herein.
UPL
makes no warranty that any services will be uninterrupted,
timely secure or error-free.
3.
Upl does not, expressly or impliedly, warrant, guarantee or make any
representations concerning the use, results of use or inability to use or
access the information or contents of the website, in terms of the accuracy,
reliability, completeness, correctness, functionality, performance,
continuity, timeliness or otherwise, fitness for a particular purpose and/or
non-infringement with respect to the website and/or the content available on
it. also, any information or data available on this website may contain
inaccuracies and/or typographical errors. Upl does not warrant that the
website or functions thereof will be uninterrupted or free of any error or
defect or that such information will satisfy any intended purpose or
requirement of the user.
4.
The user assumes the entire risk with respect to the use, results of such
use, in terms of the accuracy, reliability, performance, completeness,
comprehensiveness, correctness, functionality, performance, continuity,
timeliness of the information, data or any content available on the website.
5.
UPL disclaims any and all liability, current or future, for any error made
or omission committed with respect to the transmission of such data,
information or material available on this website.
6.
The user waives his or her right to any claim based on the detrimental
effects or results of any reliance placed by the user on any information or
data available on this website.
7.
Any person who is accessing or has accessed any information or data from the
website acknowledges and agrees that all proprietary rights, statutory or
otherwise, in the information received by such person shall remain the
exclusive property of upl. Any reproduction, redistribution or transmission,
for consideration or otherwise, of any such information contained in the
web-site is strictly prohibited and would constitute a breach of the laws of
India.
8.
The upl shall not be liable for any claims or losses of any nature, arising
directly or indirectly, from the use or application of the data or material
accessed from this website or unauthorized access to this site or otherwise,
howsoever arising. any change or amendment to this disclaimer, altering any
of the provisions set out herein, may be made at the sole discretion of Upl,
without notice.
8a.
Modification of terms of service: UPL may change the terms and conditions of
the service upon which UPL will notify you of the changes. UPL may at its
sole discretion from time to time offer you variety of features and
facilities for the service. UPL however reserves its right to discontinue to
offer such features and facilities for the service at anytime without prior
notice.
9.
Registration data: In consideration for the service, you agree to provide
uplmail current, complete, and accurate registration information (the
"registration data") as prompted to do by the service and to maintain and
update this information as required to keep it current, complete and
accurate.
10.
Personal use & security: you acknowledge your right to use the service is
personal to you. you agree not to resell or make any commercial use of the
service without the express consent of UPL. you are entirely responsible for
not maintaining the confidentiality of your password and account. you shall
be fully liable for all use of your account, including any unauthorized use
of your account by any third-party.
11.
Indemnification: you agree to defend, indemnify and hold harmless Upl, its
employees, directors, officers, agents and their successors and assigns from
and against any and all liabilities, damages, losses, costs and expenses,
including attorney's fees, caused by or arising out of claims based upon the
use of your account, including any claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights.
12.
Terms. This agreement shall continue in full force and effect for so long as
you are using the services. either you or UPL may terminate the service at
any time, with or without cause. the provisions of Indemnification and
Arbitration.
13. UPL
reserves the right, in its sole discretion, to terminate your access to the
services and the related services or any portion thereof at any time,
without notice.
14. Proprietary rights to content: you acknowledge that content,
including but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor advertisements
or e-mail distributed, commercially produced information presented to you by
UPL or UPL's suppliers, is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. you are permitted to
use this content as authorized by UPL only.
15.
miscellaneous: This agreement will be governed by and construed in
accordance with the laws of india without giving effect to principles of
conflict of laws. if any provision of this agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. UPL's failure to act with respect to a breach
by you or others does not waive its right to act with respect to suuplquent
or similar breaches. this agreement sets forth the entire understanding and
agreement between you and UPL
we may collect the
following personally identifiable information about you:
-
name
-
email address
-
zip/postal code
-
demographic profile
(like your age, gender, occupation, education and durables owned);
-
interests (such as
news, sports, travel and so on);
-
financial information
(like account or credit card numbers); and
opinions of features on
our websites.
16.
Applicability of Laws: In relation to any legal action or
proceedings against upl in a court of law regarding any matter connected or
related to use or access of this website, such person accessing this website
irrevocably submits to the exclusive jurisdiction of the courts of Mumbai
and waives any objection to such proceedings on grounds of venue or on the
grounds that the proceedings have been brought in an inconvenient forum. the
governing law in such legal proceedings referred to above shall be the laws
of the republic of India.
17.
Trademark Notice. Upl, are all trademarks and/or service
marks of upl. All rights accruing from the same, statutory or otherwise,
wholly vest with upl. Any violation of the above would constitute an offence
under the laws of India and international treaties governing the same.
18.
Copyright Notice. Except as otherwise noted on this website,
Copyrights in the contents of this website are with UPL. All rights are
reserved. no part of the information on this website, including text,
graphics and html code, may be reproduced or transmitted in any form by any
means without the express written consent of Upl.
19.
Further the user agree to not to use the service to:
-
upload, post, email,
transmit or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
-
harm minors in any
way;
-
impersonate any person
or entity, including, but not limited to, a UPL official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
-
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the service;
-
upload, post, email,
transmit or otherwise make available any content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
-
upload, post, email,
transmit or otherwise make available any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("rights") of any party;
-
upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose
(please read our complete spam policy);
-
upload, post, email,
transmit or otherwise make available 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 or telecommunications equipment;
-
disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other users of
the service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
-
interfere with or
disrupt the service or servers or networks connected to the service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the service;
-
intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated
by the u.s. securities and exchange commission, any rules of any national
or other securities exchange, including, without limitation, the new York
stock exchange, the American stock exchange or the NASDAQ, and any
regulations having the force of law;
-
"stalk" or otherwise
harass another; or
-
collect or store
personal data about other users.
20.
Special admonitions for international use
Recognizing
the global nature of the internet, the user agree to comply with all local
rules regarding online conduct and acceptable content. specifically, the
user agree to comply with all applicable laws regarding the transmission of
technical data exported from India or the country in which you reside.
21.
Content submitted or made available for inclusion on the service
22. UPL
does not claim ownership of content the user submit or make available for
inclusion on the service. however, with respect to content the user submit
or make available for inclusion on publicly accessible areas of the service,
the user grant UPL the following world-wide, royalty free and non-exclusive
license's, as applicable:
-
with respect to
content the user submit or make available for inclusion on publicly
accessible areas of UPL groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such content on the
service solely for the purposes of providing and promoting the specific
UPL group to which such content was submitted or made available. this
license exists only for as long as you elect to continue to include such
content on the service and will terminate at the time you remove or UPL
removes such content from the service.
23.
Modifications to service
UPL reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the service (or any part thereof) with or
without notice. The user agree that UPL shall not be liable to the User or
to any third party for any modification, suspension or discontinuance of the
service.
24.
Termination
The User
agree that UPL may, under certain circumstances and without prior notice,
immediately terminate the said User UPL account, any associated email
address, and access to the service. cause for such termination shall
include, but not be limited to, (a) breaches or violations of the tos or
other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the service (or
any part thereof), (e) unexpected technical or security issues or problems,
and (f) extended periods of inactivity. termination of your UPL account
includes (a) removal of access to all offerings within the service,
including but not limited to UPL mail, groups, messenger, chat, domains,
personals, auctions, message boards, greetings, alerts and games, (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c)
barring further use of the service. further, you agree that all terminations
for cause shall be made in UPL's sole discretion and that UPL shall not be
liable to you or any third-party for any termination of your account, any
associated email address, or access to the service.
These terms of use
constitute a legal agreement between the User and UPL. The User must accept
without modification all of the terms, conditions, and notices contained in
these terms of use in order to access and use the services. if the user do
not accept these terms of use in their entirety, the user may not access or
use the
25. Modification of these terms of use
UPL may wish to update
or change the terms, conditions, and notices for the said website services
from time to time to reflect changes in the services, changes in the laws
affecting the services, or for other good reasons that upl reserves the
right to make these changes and that the user is responsible for regularly
reviewing these terms, conditions, and notices. continued access to or use
of the said website services after any such change shall constitute your
consent to such change. unless explicitly stated otherwise, any new features
that change or improve the said website services shall be subject to the
terms of use, as modified from time to time.
26. The said user may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services that are
part of the said website services except as expressly provided in these
terms of use.
27.
Privacy and Personal Information
The said user is required to have an account with the said website to set
up an account, The user must provide information about the user and update
this information as necessary in order to keep it current. Upl agrees that
it will only use your personal information in accordance with the terms of
the account of the said user.
The said user is
responsible for maintaining the confidentiality of the user password and
account information. furthermore, the said are responsible for all
activities that occur in the said user’s account and the said user agree to
notify Upl immediately of any unauthorized use of the said user’s account.
Upl is not responsible for any loss that the said user may incur as a result
of any unauthorized person using the said user’s account or the user’s
password.
28. No unlawful or Prohibited use
As a condition of the
use of the said website , the said user agree that you will not use the said
website for any purpose that is unlawful or contrary to these terms of use.
The said user also may not use the said website in any manner that could
damage, disable, overburden, or impair the .net passport services or
interfere with any other party's use and enjoyment of them. The said user
may not attempt to gain unauthorized access to any the said website account,
computer systems or networks associated with the said website. The said user
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the said
website.
I AGREE I DISAGREE
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