Client Terms and Conditions :-

 

Last Updated :-30 March 2025, Please read these terms and conditions carefully before using Our Service.

 

This User Agreement describes the terms and conditions for the person(s)  who registered themselves as Client/User/Subscriber which you accept by using our Website or our Services through web or mobile application or , and other digital and interactive services as may be provided by upesto.com time to time.

 

This Terms of Use (the “Terms”) is a legal agreement between you and upesto.com, Company d/b/a(doing business as) upesto.com and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, upesto.com “we,” “us,” and “our”). These terms together with our Privacy Policy apply to upesto.com websites, mobile applications, and other digital and interactive services that link to these Terms (together, the “Services”).

 

You acknowledge and agree that, by accessing or using the Services or by uploading or posting any User Content (as defined below) to the Services, you, your heirs, and permitted assigns (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services and should not continue doing so.

 

We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services (Section). If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except where you either reside within, or access Services from, the India as provided in the Mandatory Arbitration and Conciliation or any other applicable laws/rules/regulations/notification

/circulations from time to time Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

 

Additional terms may apply to your use of the Services. We will provide these terms & Conditions to you or post them on the Services in connection with the features to which they apply; they are incorporated by reference into these Terms & Conditions. For example, upesto.com Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated by reference and is a part of these Terms & Conditions. If there is a conflict between these Terms or conditions as prescribed below and any additional terms that apply to a particular feature of the Services, the additional terms will control, but only to the extent of the conflict.












DEFINITIONS :-



"Account" means the account associated with your email address/any other mode facilitated by upesto.com. 

 

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Client” means the person who registered themselves on the website as User/client/subscriber and avail the services prescribed on the website against a particular amount/contracted amount/any other monetary terms as may be agreed between them.

“Country” refers to: India.

“Company” referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to UPESTO (OPC) PRIVATE LIMITED (CIN U63990HR2024OPC123161) a company incorporated under Companies Act, 2013 & having its registered office at House No 401, D C Colony, Near Employment Office, Bhiwani, Haryana, India, 127021.

“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Fixed-Price Contract” means a Project for which Client is charged a fixed fee agreed between a Client and a upesto.com, prior to the commencement of a Project, for the completion of all Freelancing Services contracted by Client.

“Freelancing Partner Payment” means: (a) for an Hourly Contract, the amount reflected in the Hourly Invoice (the number of hours invoiced by Freelancer, multiplied by the hourly rate charged by Freelancer); (b) for a Fixed-Price Contract, the fixed fee agreed between a Client and a upesto.com; and (c) any bonuses or other payments made by a Client to a Freelancer.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

"Project" means a job offered or awarded by a Buyer/user/client/subscriber via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a upesto.com or agreed between Freelancing Partner and client on our platform.

"Website" means the Websites operated by upesto.com and available at: upesto.com and any of its regional or other domains or properties, and any related Freelancing service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

“You” means Client who is associated with the upesto.com and also agreed with terms and conditions.




















 

 

    1. Eligibility:- To use the Services you must be, and represent and warrant that you are, of legal age and competence in the jurisdiction in which you are accessing the Services. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Services by our website, you are not permitted to access the Services. 

 

  1. Use Outside India:- The Services are controlled and offered by upesto.com from India. upesto.com makes no representations that the Services are appropriate for use in other locations.  Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.

  2. Specific Services to be performed :- You agree to provide the specific information in the project brief assigned by you to upesto.com. These services may include, but are not limited to, consulting, design, development, writing, or other professional services as specified. You have the right to communicate with upesto.com and assigned Freelancing Partner or project managers, for regular updates on project progress, and addressing any issues or revisions promptly. you agree to respect the intellectual property of upesto.com in every situation.

 

  1. Timelines :- Once you got connected with the Assigned Freelancing Partner/Project Manager/ Designated Partner for your services requested you must agree with the specific timelines between You and upesto.com. 

 

These services may include, but are not limited to and not only extended with the following process. a) Discover Planning b) Design i.e. percentage of work need to be completed c) Discussion on developments and clarification d) Full Development e) Testing and Quality Assurance f) Deployment g) Post Launch Support.

  1. Deliverables:- There shall be a minimum of 15-30 days buffer time in every project with the promising timings in case of change in any situation during the project. All deliverables must be submitted through the designated channels only i.e. through website or any other mode as may be prescribed by the upesto.com or agreed to after discussion. You can ask to make any necessary revisions promptly if the deliverables do not meet the agreed standards. Failure to provide the necessary details or specific payments (periodic payments) as specified may result in delays in workings/project/delivery or termination of the contract.

At the time of entering into an agreement between upesto.com and you, The amount that they agreed upon can be increased in case if (a) You made any changes after commencement of project (b) Due to change of circumstances which is unavoidable (c) In case if the details were not provided by you on time (d) in case if you didn’t response on time and upesto.com need to put more hours in the same work/project. 

You can not reveal any contract amount with Freelancing Partner/Project Manager/ Assistant and once you and upesto.com both agreed on the term that project price may be increased due to change in situation or under-estimation of work after discussion with you and proceed further for work in a smooth and timely manner. 

In case of failure of any above said term shall result in termination of your account and forfeiting your deposited amount without any delay when it comes into notice to upesto.com and upesto.com can also take legal action against you for remedies and compensation.

 

  1. Term and Access to Platform:-

 

  1. These Terms commence on the date of Freelancing Partner registration, or when the Partner first uses or is provided with access to the Platform, and shall continue until terminated in accordance with these Terms (Term).

 

  1. Access to the Platform will be provided once the build is complete and these terms have been signed by the Partner.

 

  1. Payment Terms:- 

 

  1. Payment schedule:- Client/User payment schedule will be outlined in the project brief prior to the start of each project. Typically, payments will be structured in milestones i.e. with partial payments made upon the completion and approval of specific project phases. Final payment will be issued upon the successful delivery and client approval of all project deliverables. 

User shall pay at least 50% advance of the contracted amount before starting the work without any delay after completion of their free trial period and the remaining amount shall be paid in tranches with the milestone structure and once 80% of the total project is completed you shall be the 95% for the next milestone i.e. 100% or to complete the project. 

Any deviations from the agreed payment schedule must be communicated and agreed upon in advance. 

 

  1. Payment method:- All payments will be processed through upesto.com  secure payment system. You will receive compensation via the payment method specified in your profile, which may include options such as bank transfer, PayPal, or other electronic payment systems. 

 

  1. Website Rights :- upesto.com  have all the right to hold the payments even after completion of work if in any case where there is any breach of contract between upesto.com and Client.

 

  1. Escalation Clause:- You acknowledge and agree that upesto.com reserves the right to adjust the agreed-upon fees for services provided under this agreement in response to changes in project scope, market conditions, or unforeseen challenges that significantly impact the cost or timeline of the work. Any such adjustments will be communicated to the Client in writing, with a detailed explanation of the reasons for the escalation. The Client will have the option to accept the revised terms or negotiate alternatives. If no agreement can be reached, upesto.com may suspend or terminate the services. This clause ensures flexibility in managing projects while allowing for transparent and fair pricing adjustments when necessary. This clause is designed to ensure adherence to contract specifications and to safeguard the interests of upesto.com.



  1. USE OF THE SITE:-

 

4.1:- As a Client:- upesto.com reserves all right to show your profile on the website all other details that need to be shown for promotion on the website. However, you are prohibited to do the following acts:-

  1. use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the legal age prescribed as per law, or are temporarily or indefinitely suspended from using our sites, services, or tools. 
  2. posting of articles in inappropriate categories or areas on our sites and services.
  3. collecting information about users’ personal information.
  4. maneuvering the price of any item or interfering with other users’ listings.
  5. post false, inaccurate, misleading, defamatory, or libelous content.
  6. take any action that may damage the rating system.
  7. You agree to use the site solely for lawful purposes and in a manner that does not infringe upon the rights of others.

 

4.2:- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub licensable, non-transferable and revocable right to access and use the Services for your own personal use for the purpose that it is provided consistent with the Terms.

 

  1. Intellectual Property Rights:-

 

  1. The Services and all associated intellectual property rights are owned and operated by upesto.com and contain material/product/content/articles/advertisements/

information’s/photos/videos/phrase etc. which is derived in whole or in part from material supplied by upesto.com and its associates/owners/holding/subsidiary company/freelancing partners/associate members/etc., as well as other sources, and is protected by The Copyright Act, 1957, international treaty provisions, The Trademark Act, 1999, The Patent Act, 1970, The Designs Act, 2000, The Geographical Indications of Goods (Registration and Protection) Act, 1999, service marks and other intellectual property laws.

 

  1. The Services are also protected as a collective work or compilation under copyright and other law and treaties.

 

  1. You agree to notify upesto.com immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and upesto.com, at all times be and remain the sole and exclusive property of upesto.com. 

 

  1. Ownership of Content:- All content, including but not limited to written material, designs, code, and other deliverables produced under the contract, will be the property of you and upesto.com including any associated intellectual property rights. You hereby assign any rights you may have in the content to upesto.com and agree to provide any necessary documentation to effectuate such transfer. Any pre-existing intellectual property you used in the content must be clearly identified and will remain your property, but you grant upesto.com a perpetual, non-exclusive, royalty-free license to use such pre-existing intellectual property as part of the deliverables.

 

  1. Licensing of Content:- You acknowledge that you do not retain any rights to license, distribute, or otherwise use the content outside of the scope of this contract. upesto.com will hold exclusive rights to use, reproduce, modify, and distribute the content as it deems necessary. This licensing arrangement ensures that all intellectual property created for upesto.com is fully controlled and utilized according to the company's needs and objectives.

 

  1. Confidentiality:-

 

  1. USERNAMES AND PASSWORDS:- When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize upesto.com to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account.

 

  1. CONFIDENTIAL INFORMATION:- You agree to maintain the confidentiality of all confidential Information received during the course of your work and not to disclose it to any third party or to any other person who is not connected with the project without prior written consent from upesto.com.

Confidential Information must be used solely for the purpose of performing your duties under the contract and must not be used for any personal gain or competitive advantage.

You are required to implement reasonable safeguards to protect confidential Information from unauthorized access, use, or disclosure.

Upon completion of the project or termination of the contract, you must return or securely destroy all confidential Information and any copies thereof.

 

Exceptions: Confidential Information does not include information that is publicly available, independently developed without use of or reference to the Confidential Information, or required to be disclosed by law.

 

  1. Non-Disclosure Agreement: Client agree to enter into a non-disclosure agreement (NDA) to prevent the sharing or unauthorized disclosure of any confidential information you may encounter during your work with upesto.com. You are prohibited from revealing, discussing, or distributing any confidential or proprietary information, including project details, business strategies, or client data, to any third party without prior written consent from upesto.com. This obligation of confidentiality extends beyond the duration of your engagement and remains in effect indefinitely. Any breach of this non-disclosure agreement may result in legal action and financial liability for damages incurred due to unauthorized disclosure.

 

  1. Connection between client and Freelancing Partner after completion of project :- In any case, without any exception if freelancing partners strive to connect with client at the early stage of project/in between the project/within 1 year after completion of project or try to give offer with lesser amount or influence the client to remove themselves from the project or made any agreement with the client directly without any prior approval or permission or without any knowledge of upesto.com. upesto.com have all the right to take legal action against the Client and Freelancing Partner and also have all the right to recover all the loss without any exception under the governing law for the time being in force.
    The Freelancing partner or Client (as the case may be)shall be liable to pay the Penalty of 10,00,000/- lakh rupees (Indian rupees) in case of any breach of contract prescribed under clause 6(4).

 

 

 

Our Privacy Obligations :- 

We, upesto.com are governed under all applicable laws in India and regulated under India. 

 

‘Personal information’ is information we collect and hold which is identifiable as being about you.

 

Disclaimer:- This policy covers how we treat your information, including your personal information, that you provide when you access or use our services. Our services are our online platform, which allows you to access, request or receive opportunities and information. Our services also include all our services when you use our websites, platform, products, services and mobile applications.  We are not responsible for and our services don’t extend to the services of any company we don’t own or control, or people that we don’t manage.

 

Our websites and platform may connect with third party websites, such as those of third party websites which may help you to complete your project smoothly or which may also help you to gather the information required as per the project or any other website/link which may be provided by the client. upesto.com didn’t take any responsibility in case of any damage happen by clicking on that website/links which is not controlled under our platform neither upesto.com nor any employee of platform/website will pay any loss/damage incurred due to a third party website.

 

  1. Sharing and Disclosure of Information’s:-

 

Client Information:- upesto.com will not share personal information about you or any Content with any third parties except as described in this Privacy Policy or as defined in an agreement with us, in connection with the upesto.com.

we may share personal information about you:

  1. We may share your information with third-party vendors, Freelancing Partners/project managers/ Assisting Managers/ upesto.com employees and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing or as it relates to a profile display on website or for the purpose of promotion. These service providers are authorized to use your personal information only as necessary to provide services to upesto.com.
  2. We may disclose your information to a third party if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request or to enforce our agreements and policies or to protect the security or integrity of the upesto.com or to protect upesto.com our customers, or the public from harm or illegal activities or to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or as otherwise directed by you.
  3. We may disclose your information in case if any point of time Freelancing Partner/Project Manager are not able to handle the project assigned to him/them and that particular assignment need to be transferred to any other freelancing partner for the purpose of completion of project within timeline or in case if due to some specific reason, Freelancing Partner/Project Manager are not able to perform your responsibility agreed upon in agreement and the data need to be accessed by the other freelancing partner for the purpose of gathering the information.
  4. If you attend an event or webinar organized/sponsored by us, or download or access an asset on our website, we may share your Personal Data with partners or sponsors of the event so that they may contact you and offer your discounts or other offerings of their services.

 

  1. DATA RETENTION:- Unless you request that we delete certain information, we will only retain your personal information for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, as well as ongoing fraud prevention, backup, and business continuity purposes.

 

  1. Updating Your Information:- 

If you want to access or update the personal information you submitted to upesto.com please e-mail us at  contact@upesto.com or write to us at the following address.

 

Address:- 





  1. Changes to this Privacy Policy :- 

upesto.com reserves the right to update or modify this privacy statement at any time. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices. We encourage you to check our site frequently to see the current privacy statement and to be informed of how we are committed to protecting your information and providing you with improved content on our website in order to enhance your online experience. Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and/or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Our Privacy Policy will indicate the date it was last updated. Your continued use of our site will signify your acceptance of the changes to our Privacy Policy.

 

  1. Limitation of Liability :-

To the extent permitted by Law, (including the The Consumer Protection Act, 2019 if applicable)

 

8.1 Subject to applicable provisions of law, each Party’s aggregate liability for any Loss arising under these Terms is limited to the greater of:-

  1. $10,000 and
  2. Fees pending by the upesto.com in the 12 months prior to the event giving rise to the Loss.

The limitation of liability under this clause is cumulative and not per incident or claim.

 

8.2   upesto.com not liable for any Consequential Loss.

 

8.3   upesto.com will not be liable for to the Freelancing Partner or any third party for any Loss resulting from:

  1. termination of these Terms for any reason;
  2. any changes made, or updates, to the Platform;
  3. the transmission of viruses:,
  4. The Partner’s use of, or inability to use, or reliance on the Platform or Content, including where the Platform or Content is inaccurate, incomplete or not up-to-date; or
  5. any delays, interruptions, service failures, and other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of upesto.com.

 

8.4 Each party shall perform its obligations under this Agreement at its own cost. 

 

  1. Warranties:- 

Each Party warrants that it: 

 

  1. has the authority to enter into and perform it obligations under these Terms and that these Terms are a legal, valid and binding agreement; and

 

  1. will comply at all times with applicable Laws.

 

  1. Indemnities:-

You will indemnify, defend, and hold harmless upesto.com, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of:

  1. The use of the Site and the Site Services by you or your agents, including any payment obligations or default (described in Section 3.1 (payment terms), Section 6(3) (Non-Disclosure Agreement) and Section 6(4) (Connection between client and Freelancing Partner after completion of project) incurred through use of the Site Services.
  2. any Project agreed upon between you, your agents and any User,
  3. the classification of upesto.com as an employer or joint employer of any Freelancer, including, but not limited to any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; 
  4. failure to comply with the Terms of Service by you or your agents;
  5. negligence, willful misconduct, or fraud by you or your agents; and
  6. defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
  7. any breach of or inaccuracy in a warranty given pursuant to these Terms that a person registering on the Platform, purportedly for and on behalf of the Partner, has power to bind the Partner;
  8. a claim that the Partner Style Elements or any Partner Contributed Content infringe any third party intellectual property rights or are otherwise defamatory or in breach of any law. 
  9. any liability arising from the tax treatment of payments or any portion thereof.
  10. your dispute of or failure to pay any Invoice or any other Payment.

Note:- In addition, we can deduct any funds from your account balance available on our website/platform against any liabilities you owe to us or loss suffered by us as a result of any breach of contract from your end.

  1. Legal Limitations :-

 

Governing Law and Jurisdiction:- These Terms and Conditions, and any disputes arising out of or relating to them, will be governed by and construed in accordance with the laws of Bhiwani (Haryana), without regard to its conflict of law principles. By agreeing to these terms, you consent to the exclusive jurisdiction of the courts located in Bhiwani (Haryana) for the resolution of any disputes. This governing law provision ensures that any legal matters will be handled under a consistent legal framework, providing clarity and predictability for both parties.

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

 

  1. Client Classification:- You must agree that you are classified as an User/Contractor/Client. This classification means you are responsible for your own taxes, insurance, and any other statutory or contractual obligations.

 

 

 

 

  1. You breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website.
  2. We are unable to verify or authenticate any information you provide to us;
  3. We believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for upesto.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
  4. use of our services for any illegitimate or non bona fide purpose
  5. any attempt to use client’s platform or services for any objectionable purpose
  6. Strive to connect with the client directly without prior approval of upesto.com.
  7. Offer to freelancing partner in the way that incurred loss to platform.
  8. Stole any data from website
  9. Any other reason as may be arise during the course of business which is against the policy of company.
  10. Unauthorized disclosure of confidential information will lead to immediate termination. 

 

This safeguards sensitive business and client information.

 

  1. Dispute Resolution :- 

In the event of any disputes, claims, or controversies arising out of or relating to these Terms and Conditions, both parties agree to first attempt to resolve the matter through good faith negotiations. 

If the dispute cannot be resolved amicably within 90 days, the parties agree to submit the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration will be conducted under the jurisdiction where the registered office of the company is situated, and the decision of the arbitrator will be final and binding on both parties. Each party will bear its own costs of arbitration, except as may be provided in the arbitrator's award. This dispute resolution process aims to provide a fair, efficient, and confidential means of resolving conflicts without the need for prolonged litigation.

 

  1. Communication Channel :- Both parties shall communicate with each other only by the chat section or by the Audio/video visual means provided by the platform/website and in any case where parties need to be communicated by any third channel, It shall be permissible only by upesto.com and in case of failure, shall be considered as breach of contract and upesto.com hold all right to take any legal action with compensation against client resulting to termination of contract and termination of their account from website/platform.

 

  1. Modifications and Revisions:- upesto.com reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

  1. Force Majeure:- The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, denial of service attacks, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

 

 

 

 

18.2 Waiver:-

No modification or amendment to the Terms of Service will be binding upon upesto.com unless in a written instrument signed by a duly authorized representative of upesto.com or posted on the Site by upesto.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

18.3 SEVERABILITY:-

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.



19 Your Rights:-

Right to access:- You may ask us to confirm whether we are processing your Personal Data. This may include the purposes of the processing, the categories of Personal Data, the recipients of the Personal Data, the right to lodge a complaint, and available information on the source of the Personal Data. If you require additional copies, we may charge a reasonable fee.

Right to Rectification:- If your Personal Data is inaccurate or incomplete, you may ask that we erase, amend, or rectify it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to object:- You may ask us at any time to stop processing your Personal Data, and we will do so unless we have a compelling legitimate ground for the processing. We will comply with requests to stop processing your Personal Data as your requests apply to direct marketing.

Right to disallow use of this promotion:- You, at any time in between the services can disallow us and third party websites/hosts/companies to use your personal information for promotion and also notify to company/website to delete your information from there system if they do so for sole purpose of promotion.

Right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes.