PRIVACY & TERMS


Policy & Conditions

Planet Priorities and its subsidiaries, hereinafter will be referred as “Company”, respects your privacy and recognizes the need to protect the personally identifiable information (any information by which you can be identified, such as name, address, and telephone number) you share with us. We would like to assure you that we follow appropriate standards when it comes to protecting your privacy on our web sites and smart phone app. In general, you can visit our Company websites or use our smartphone app without telling us who you are or revealing any personal information about yourself. We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous. Some of the Company web pages use "cookies" so that we can better serve you with customized information when you return to our site. Cookies are identifiers which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you. At times when we collect personal information from you such as name, physical address or telephone number, we intent to inform you before we do that and to tell you what we intend to do with the information. Generally, you will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. If you choose not to provide the information we request, you may be unable to access certain options, offers and services, but you can still visit our website and browse other contents. Company will not sell, trade or disclose to third parties any information derived from the registration for, or use of, any online service (including names and addresses) without the consent of the user or customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the user or others). Company will allow suppliers to access the information for purposes of confirming your registration and providing you with benefits you are entitled to. Company will take all appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. Company will continue to enhance our security procedures as new technology becomes available, and is viable from a business perspective If our privacy policy changes in the future, it will be posted here and a new effective date will be shown. You should access our privacy policy regularly to ensure you understand our current policies. Please reference the privacy policy in your subject line, if you email your concerns or suggestions regarding the same. Company will attempt to respond to all reasonable concerns or inquiries within fifteen business days of receipt. upUpUp is the brand name owned and operated by M/s Planet Priorities Privacy Policy updated as on 1st May 2016 For any grievances or suggestions, please email to upUPUPindia@gmail.com

Terms and Conditions:

The upupup.in website ("Website") and the smartphone app “upUpUp” is an internet based portal used for and by the customers and vendors to search, connect and book sports venues; market and sell their services or products, which is owned and operated by M/s Planet Priorities, a company incorporated under the laws of India, with its registered office at No.11/953D, Jubilee Nagar, Kochi 682001, Kerala Through the Website and Smartphone app, and in collaboration with Service Providers, who provide below services, Planet Priorities shall provide you ("User") sports entertainment-related information, pricing, availability and reservations for sports venues, find mentors and coaches, book ticket for events, sports events across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, This Service may be availed by any registered User. This User Agreement ("Agreement") sets out the terms and conditions on which Planet Priorities shall provide the Services to the User through the Website and Smartphone app. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by Planet Priorities from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. Use of the Website and Smartphone app is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers policies. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.

Cancellation Policy

While cancelling a booked slot, user is not eligible for refund; rather he/she will be eligible to postpone the booking to any date and time which will lie within 15 days from the date of 1st booking. If the user is failed to make this postponed booking within 15 days, this eligibility will also get cancelled.



Modification of Terms

Planet Priorities reserves the right to change the terms, conditions and notices under which the Services are offered through the Website and Smartphone app, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.


Privacy policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Planet Priorities in respect of the Website and Smartphone app, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.


User’ Liability

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website and the Smartphone app is not for commercial use but is specifically meant for personal use only.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website or from the Smartphone app. Limited reproduction and copying of the content of the Website is permitted provided that the Planet Priorities’ name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website or the Smartphone app is not permitted. Any intent to partly use the content, should be expressly informed and prior consent from Planet Priorities be taken before proceeding further.


Disclaimer of warranties/Limitation of liability

Planet Priorities has endeavored to ensure that all the information on the website and Smartphone app are correct, but Planet Priorities neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Planet Priorities makes no warranty, express or implied, concerning the website/Smartphone app and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

Since Planet Priorities acts only as an intermediator, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Planet Priorities be liable for the services provided by the service provider.

Although Planet Priorities makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the website/Smartphone app is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, Planet Priorities is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers

Planet Priorities does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

In no event shall Planet Priorities be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Planet Priorities be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Planet Priorities shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Planet Priorities’ control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Planet Priorities arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.


Links to third party sites

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Planet Priorities or the Website and Planet Priorities is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Planet Priorities is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Planet Priorities is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Planet Priorities or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
Planet Priorities is not responsible for any errors, omissions or representations on any Linked Site. Planet Priorities does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Prohibition against unlawful use

As a condition of the use of the Website and Smartphone app, the User warrants that they will not use the Website and Smartphone app for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website and Smartphone app.


Terms Use of communication services

The Website and Smartphone app may contain services such as email, chat, bulletin board services, blogs, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • Upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
  • Violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website/ Smartphone app contained elsewhere herein.
  • Planet Priorities has no obligation to monitor the Communication Services. However, Planet Priorities reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Planet Priorities reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    Planet Priorities reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Planet Priorities’ sole discretion.

    Planet Priorities does not control or endorse the content, messages or information found in any communication service and, therefore, Planet Priorities specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

    Termination/Access restriction

    Planet Priorities reserves the right, in its sole discretion, to terminate the access to the website or usage of Smartphone app and the related services or any portion thereof at any time, without notice.


    User’s Obligation and User Account

    In consideration of use of the Website and Smartphone app, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website/Smartphone app and/or receiving the Services under the laws of India or other applicable law.

    To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipment’s including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

    The user also understands that the services may include certain communications from Planet Priorities as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that Planet Priorities does not assume any responsibility for deletions or failure to store any user communications or personalized settings.

    Registration of the User on the Website or to the Smartphone app is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall or might receive a user id and password, which hereinafter collectively called as “Credential”. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Credential, and shall be fully responsible for all activities that occur by use of such Credential. Further, the User agrees not to use any other party's user Credential for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Planet Priorities services. Planet Priorities will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your Credential/credit card number/account details number for using Planet Priorities Services.

    The user also agrees and undertakes to immediately notify Planet Priorities of any unauthorized use of the user's Credential and ensure that the user logs off at the end of each session at the website. Planet Priorities shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

    The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website and Smartphone app; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Planet Priorities has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Planet Priorities has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service. Furthermore, the User grants Planet Priorities the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

    Without prejudice to the other remedies available to Planet Priorities under this agreement, the TOS or under applicable law, Planet Priorities may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

    (a) The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

    (b) Planet Priorities is unable to verify or authenticate any information provided by the user; or

    (c) Planet Priorities believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Planet Priorities.

    Planet Priorities may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with Planet Priorities or use the website or Smartphone app in any manner whatsoever until such time that the user is reinstated by Planet Priorities. Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Planet Priorities reserves the right to recover any amounts due and owing by the user to Planet Priorities and/or the service provider and to take strict legal action as Planet Priorities deems necessary.

    Proprietary rights

    Planet Priorities may provide the User with materials which may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Planet Priorities and shall not copy, transmit or create derivative works of such material without express authorization from Planet Priorities.

    The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

    None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Planet Priorities and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Planet Priorities and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Planet Priorities and its agents as their agent for this purpose.

    Indemnification

    The User agrees to indemnify, defend and hold harmless Planet Priorities from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Planet Priorities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.


    Severability

    If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

    Termination of Agreement and Services

    Either the User or Planet Priorities may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
    The User agrees that Planet Priorities may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS.

    This Agreement may be terminated by either the User or Planet Priorities through a written notice to the other. Planet Priorities shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Planet Priorities of such discontinuance.

    Upon termination of the Service, User's right to use the Website/Smartphone app /Services and software shall immediately cease. The User shall have no right and Planet Priorities shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website or Smartphone app may not be retrieved later.



    Notices

    All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

    upUPUPindia@gmail.com or at the company registered mailing address.


    Governing Law

    This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ernakulum, Kochi.