(“Terms”)
Last updated: April 11th, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Upstur.com website (the “Service”) operated by Upstur (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Upstur.com is merely a service and not responsible for any event or any users actions. All responsibility is solely held by the creator & vendor of the Happening, Organizer, planner, businesses and users. We are not responsible for third party actions or any actions performed/presented by others. If any complaint is presented we will surely examine and review said complaint and seek for a solution.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, if requested, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests and Promotions

Any contests, rewards or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Happenings/Vendor Commission

Vendor/Happening Owner

* Happenings or events referring to workshops, lectures, conferences, memberships. Fitness programs, classes, travel trips, activities, contests, Tournaments, sports activities/ contests and any activity that requires registration/Application/Entry Booking.

Once vendor/happening owner registers with Upstur.com and said vendor creates a Happening/event on Upstur.com then a commission will be taken from organizer/event owner for every registration, spot or seat booked via Upstur.com. Percentage will be based on the accepted fee set from business to Upstur.com.

– Happenings/Events that register with Upstur.com can be a paid or non-paid. Paid events or happenings are when an individual registers for a Happening & must pay to join/register for said Happening whereas a non-paid event or happening is free but registration for the happening is required. All pricing and non-pricing is based on vendor/happening owner.

Upstur.com will take a commission fee from only the paid happenings or events that require registration. For every transaction that occurs for the paid events/happenings via Upstur.com, a commission fee will be taken/deducted. Percentage of commission fee can change at any time but users will be notified a month before.

Percentage fees will be based on the negotiated and accepted fee that is set from business to Upstur.com. Once fee is accepted, Upstur.com will only deduct from every transaction/registration that occurs on Upstur.com. If any change occurs business/organizer will be informed 30 days in advance.

Payment & charging

Upstur.com will only take a commission fee for the paid events/happenings created by vendors/Happening owners.  For every transaction occurred in the paid event/happening created or posted by organizer via Upstur.com, a commission fee will be deducted per registration or per application submitted.

-Paid happenings/events are happenings created that require individuals to pay to join or partake in said happening. This all is dependent on the creation of the happening based on the event owner/vendor. Every registration or every application submitted for the paid events/happenings a commission fee will be deducted or taken and vendor/event owner will receive money in 5-10 business working days once money is received from our payment partners Myfatoorah.

This applies only to happenings/events created and posted on Upstur.com.

If an individual registers for an event/happening that requires payment for entry and completed the steps that are required and pays via the MyFatoorah payment gateway, then a commission fee of the transaction will be taken for the services of Upstur.com. Once money is received and commission is taken, event owner will receive money in 5-10 working days.

Vendor or External Users Terms & Conditions

If a vendor or event owner includes terms and conditions for an event or happening created or posted on Upstur.com. Upstur.com will take no responsibility for any terms and conditions posted by organizer, event owners, external users or creators on Upstur.com. Upstur.com is solely responsible for the terms and conditions your reading now.

In the event of any misfortune or harm from an event created or happening created by an vendor/event owner on Upstur.com, Upstur.com is not responsible for any misfortune, misconduct or harm caused from Events or happenings created by vendors or owners.

Upstur.com is not responsible for the actions of owners & vendors, if any misfortune occurs Upstur.com will do what it can to solve the matter as swiftly as possible. Also, events created on Upstur.com should be real and valid; if event is not real then Upstur.com will take action with the Kuwaiti law enforcements and will take action in the Kuwaiti court.

Upstur.com and its team is not responsible for any happening/event/activity that occurs in Upstur.com and will take no responsibility for any discrepancies, scams, or any other harmful act occurred to any user or organizer.

Upstur.com will hold no responsibility for the harm of any user or any happening that causes harm or painful acts to its users & customers.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. All payments will be made via our payment Partners MyFatoorah offering Knet, Visa, Master Card for subscription services for registered users.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Upstur cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Upstur customer support team.

A valid payment method includes cash or though our Payment partners MyFatoorah who offer payment methods such as Knet, Visa or Mastercard in order to process the payment for your Subscription. You shall provide Upstur with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Upstur to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Upstur will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Upstur, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions and a percentage change for the commission fee. Any Subscription fee & Commission fee change will become effective at the end of the then-current Billing Cycle.

Upstur will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Also commission fees may be modified at any time in Upstur’s sole pleasure.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Upstur on a case-by-case basis and granted in sole discretion of Upstur.

Cancellation policy

  1. In the event of a cancellation of a happening from vendors request, merely contact the assigned accounts representative either through email, telephone or any form of communication necessary to take care of it for you.
  2. In the event a customer has registered and the happening then got cancelled from vendors request. An email will be sent to the customer informing them of this cancellation and that vendor will contact him for refunding purposes or any other arrangement that is suitable.
  3. In the event of rescheduling or a rescheduled happening or event merely contact any Upstur agent for date modification. Customers that have already registered will be sent an email of adjustment & date modification.

In the event of a cancellation by a vendor or Happening owner, Upstur.com will hold no responsibility of the actions of the vendor and will only keep its commission if the cancellation occurred after 48 hours of event/happening creation. If cancellation occurred before 48 hours, the money will be refunded completely and applicants will have to deal with organizer directly for collection of refunded money.

In the event of a cancellation by an applicant for an event/happening, Upstur.com will refund the amount paid only if the cancellation occurs 48 hours after the date of the registration. If the applicant exceeds the 48 hours, Upstur.com will take no responsibility for money repayment. In the event money isn’t transferred to the Happening owner/vendor and applicant passed the 48-hour mark, Upstur.com will take a 40% fee for its services and refund the remaining amount.

All payments will be made through our payment partners Myfatoorah.

In the event of vendor or happening owner termination from Upstur.com platform, a notice period of 90 days must be requested to upstur.com or any representative of upstur.com to remove content made by vendor or happening owner.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Upstur and its licensors. The Service is protected by copyright, trademark, and other laws of both the Kuwait and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Upstur.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Upstur.

Upstur has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Upstur shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Upstur, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Upstur its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Kuwait, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.