Terms and Conditions
1. Contractual Relationship
1.1 These Conditions of use (“Conditions”) govern the access or use of the applications, websites, content, products and services (“Services”) made available by UpNext education ("UpNext " "we", "us", or "our") whether by individual using User Account or by individual or business using a business Account.
1.2 Please read these Conditions very carefully before accessing or using the Services.
1.3 Your access or use of the Services constitutes your agreement to be bound by these Conditions, which establishes a contractual relationship between you and UpNext .
THE SERVICES THROUGH USER ACCOUNT ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE FOURTEEN (14) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST FOURTEEN (14) YEARS OLD. By using the Services through User Account, you represent and warrant that you have the right, authority, and capacity to enter into these Conditions and to abide by all of the terms and conditions herein. If you do not agree to these Conditions, do not use the Services
3.1 UpNext OPERATES THE SERVICES AND PROVIDES A STARTUP TRAINING AND A SET OF TOOLS THAT ENABLES USERS TO BUILD TEAMS AND LAUNCH REAL DIGITAL PRODUCTS LIKE APPS,WEB APPS,WEBSITES AND MORE IN A SAFE ENVIRONMENT THROUGH UPNEXT PLATFORM. HOWEVER, PLEASE NOTE THAT UpNext IT IS NOT A FINANCIAL INSTITUTION AND DOES NOT UNDERTAKE ANY ACTIVITIES WHICH ARE REGULATED BY ANY FINANCIAL SERVICES AUTHORITY.
3.2 Changes to the Services and to these Conditions.
UpNext reserve the right at any time to: (i) modify or withdraw the Services (or any part of them) without notice to you and will not be liable to you for any such modification or withdrawal; and/or (ii) change these Conditions from time to time and your continued use of the Services (or any part of them) following such change will be deemed to be your acceptance of such change.
4.0 Inactive Accounts
Any Account that has not been logged into for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using the email@example.com. We may modify our inactive Account rules and from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
5.0 Bots and automated software
The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. UpNext reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
5.1 Rights in submitted content
All right, title and interest in all Intellectual Property Rights in original materials posted by the users on the platform will remain or be vested in the creator. Nothing in these Conditions will be taken to constitute a transfer, assignment or grant of any ownership rights in the content to any other party, including UpNext .
6.0 Termination of your Account
6.1 UpNext reserve the right to terminate your Account without notice to you for any reason, and without limiting the generality of the foregoing, if:
(i) You register for an Account using a personal information which is untrue, inaccurate or incomplete; or
(ii) Your Account is inactive for one (1) year or more; or
(iii) You breach any of these Conditions or any other policies or guidelines set forth from time to time elsewhere on the Services; or
(iv) You engage in any conduct which UpNext believe, in its sole discretion, to be harmful to its business or to other users; or
6.2 UpNext may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Conditions may be effected without prior notice, and acknowledge and agree that UpNext may immediately deactivate or delete your account and all related information in your account and any further access to such files or the Service.
6.3 If your Account is terminated for any reason, UpNext reserve the right without notice to you to de-activate any hyperlink through which it may from time to time have given you access to your Account.
7.0 Your Personal Information
8.0 Ownership of Intellectual Property Rights
8.1 The Services contains material, including without limitation, text, photographs and other images, which may be protected by copyright and/or other intellectual property rights. All intellectual property rights in the Services are owned by UpNext [or its third party licensors.] Without limiting the foregoing, UpNext owns all rights, title and interest (including all Intellectual Property Rights) in and to any materials comprising any content or any derivative work thereof.
8.2 Without limiting the generality of Condition 8.1, the Services also contain trademarks, including (without limitation) the UpNext Logo. All trademarks included on the Services belong to UpNext [▪or its third party licensors.]
8.3 You may:
(i) Download, temporarily store and print hard copies of any of the pages of the Services for personal use, or for internal, non-commercial use; and/or
(ii) Distribute copies (in printed or electronic form) to third parties for their personal use or for their internal, non-commercial use within their organization, provided that UpNext is acknowledged as the source and copyright owner and that their attention is drawn to these terms and conditions.
8.4 You may not:
(i) Save as set out in Condition 8.3, systematically extract and/or copy or use any of the contents of the Services, and without limiting the foregoing, use any data mining, robots or similar data gathering and extraction tools to extract (whether on one or more occasions) for use any substantial parts of the Services; and/or
(ii) In any way alter or adapt the text of the material on the Services or of any material copied or printed off or distributed from the Services (including without limitation any trademarks or logos included on any such material); and/or
(iii) Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied, printed off or distributed from the Services; and/or
(iv) Create and/or publish any database which features any substantial part of the Services.
8.5 User Generated Content
(i)You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material
(ii)You’re responsible for the stuff you post. All information submitted to the platform, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
(iii)You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If UpNext or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
(iv) Any content you shall upload to the UpNext platform will become public on the app for other users to see.UpNext does not offer any IP protection hence you should be aware that everything you post on the platform will not stay confidential in any way.
If you have trade secrets or any confidential information that you would like to keep non-public, don't post it on our platform.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, DEFFECTS, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DELIVERY, COMPATIBILITY, FUNCTIONALITY, SECURITY, ACCURACY OR CONDITIONS OF COMPLETENESS OF ANY PRODUCT OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SERVICES. ALL WARRANTIES (TO THE EXTENT EXIST) ARE THE SOLE RESPONSIBILITY OF THE THIRD-PARTY SUPPLIER OF SUCH PRODUCT OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY PRODUCT OBTAINED FROM THIRD PARTY SUPPLIER AS A RESULT OF YOUR USE OF THE SERVICES. YOU WILL NOT ASSERT ANY CLAIMS THAT YOU MAY HAVE AGAINST A PRODUCT OR A SUPPLIER AGAINST UPNEXT OR ANY ONE ON ITS BEHALF.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, WE (AND ANYONE ON OUR BEHALF) SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE FAIR MARKET VALUE OF SUCH PRODUCT PURCHASED BY YOU THROUGH THE SERVICES; AND (2) FIFTY U.S. DOLLARS (US$50). YOU AGREE THAT SUCH MAXIMUM LIABLITY REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE CONDITIONS AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THESE CONDITIONS WITHOUT THESE LIMITATIONS ON LIABILITY.
10.0 Third Party Links
10.1 The Services may provide links to third party services or may reference third party services and/or external resources for you to access at your own discretion. Please note that access to the content of any third party websites or resources may be subject to terms and conditions imposed by the owner of that content which you should review before interacting via such websites or providing such third parties with information about yourself. UpNext do not endorse or accept any responsibility for the content of any third party websites and/or external resources.
10.2 UpNext have taken every care in the preparation of the content of the Services, in particular to ensure that as far as reasonably possible all information provided is correct at the time of inclusion. However, UpNext cannot guarantee the accuracy of such information or that it will be up to date at all times.
11.0 Transfer of Rights and Obligations
11.1 The contract between you and UpNext is binding on both parties’ respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. UpNext may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
12.1 If UpNext fail, at any time, to insist upon strict performance of any of your obligations under these Conditions, or if UpNext fail to exercise any of the rights or remedies to which it is entitled under these Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by UpNext of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by UpNext of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.1 If any of these Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be removed, without effecting the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14.0 Entire Agreement
14.1 These Conditions and any document expressly referred to in them represent the entire agreement between you and UpNext in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement (whether oral or in writing).
14.2 You acknowledge that, in entering into a contract, neither you or UpNext has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and UpNext prior to such contract except as expressly stated in these terms and conditions.
15. No Partnership or Joint Venture and Third Party Rights
15.1 Nothing herein contained shall constitute a partnership between or joint venture by the parties hereto or constitute any party the agent of the others. No party shall hold itself out contrary to the terms of these Conditions and no party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.
15.2 A person who is not a party to these Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
16 . Law and Jurisdiction
16.1 These Conditions and any other legal notices contained from time to time in the Services and all issues arising from the Services are governed by the law of the state Israel.
16.2 The applicable courts of the state of Israel will have exclusive jurisdiction over any claim or matter arising from, or related to, a visit to the Services, and over any claim or matter arising under or in connection with these Conditions, provided that nothing in this Condition 16.2 shall limit our right to take proceedings against you in any other court of competent jurisdiction.
17. Support and Questions
We will respond to questions regarding the Services and these Conditions at Support@upnexteducation.com. We generally respond to support requests as soon as possible and on a best efforts basis as soon as the request is placed.