Terms of service
Overview
Welcome to upayafestival.com (the "Site"). This website is owned and operated by Upaya. Throughout this Site, the terms "we", "us" and "our" refer to Upaya. We make this website, along with all information, products, tools and services available on it, accessible to you subject to your acceptance of the terms, conditions and notices set out here.
By visiting our Site and/or making a purchase, you are engaging with our "Service" and agreeing to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions and policies referenced herein or available via hyperlink. These Terms apply to all users of the Site, including browsers, customers, vendors, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by them. If you do not agree, you may not access the Site or use any of our services.
Any new features or tools added to the Site in future will also be subject to these Terms. We reserve the right to update or replace any part of these Terms at any time by posting changes on this page. It is your responsibility to review this page periodically. Continued use of the Site after changes are posted constitutes your acceptance of those changes.
Section 1 – Online Store Terms
Users under the age of 12 may not register on this Site or carry out any transactions.
You may not use our products or services for any unlawful or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction while using the Service.
Any breach of these Terms will result in immediate termination of your access to our services.
Section 2 – General Conditions
We reserve the right to refuse or cancel any order at any time and for any reason. You may be asked to provide additional information, such as a phone number or delivery address, before your order is accepted.
You understand that your content (excluding payment card information) may be transmitted unencrypted across various networks and may be adjusted to meet technical requirements. Payment card information is always encrypted during transmission.
You agree not to reproduce, copy, sell, resell or exploit any part of the Service or any content on the Site without our express written permission.
The United Arab Emirates is our country of domicile.
Section 3 – Accuracy, Completeness and Timeliness of Information
We do our best to ensure the information on this Site is accurate, but we cannot guarantee it is always complete or current. Content is provided for general informational purposes only and should not be the sole basis for decisions. Any reliance on material on this Site is at your own risk.
We reserve the right to modify site content at any time, though we are under no obligation to keep information updated. It is your responsibility to monitor any changes.
Section 4 – Modifications to the Service and Pricing
Prices are subject to change without prior notice.
We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice. We shall not be liable to you or any third party for any such modification, price change, suspension or discontinuation.
Section 5 – Products and Services
Certain products or services may be available exclusively through the Site in limited quantities, and are subject to our Return Policy.
We make every effort to accurately display product colours and images, but we cannot guarantee that your device's screen will render them precisely.
We reserve the right to limit sales of any product or service to any person, region or jurisdiction at our discretion. All product descriptions and pricing are subject to change at any time without notice. Any product offer on this Site is void where prohibited by law.
We do not warrant that the quality of any product, service or information obtained through the Site will meet your expectations, or that errors in the Service will be corrected.
Section 6 – Billing and Account Information
We reserve the right to refuse, limit or cancel any order at our discretion. In the event of a change to or cancellation of an order, we will attempt to contact you using the details provided at the time of purchase.
You agree to provide accurate, complete and current purchase and account information for all transactions on our Site, and to update your details promptly when needed.
Payments made on our Site are processed through a secure connection directly with our payment provider. Cardholders are responsible for retaining copies of transaction records and being aware of our policies.
Section 7 – Third-Party Tools
We may provide access to third-party tools that are outside our control and monitoring. Such tools are provided "as is" and "as available" with no warranties of any kind. We accept no liability arising from your use of these tools. Use of any optional third-party tools is entirely at your own risk.
We may also introduce new services or features in future, all of which will be subject to these Terms.
Section 8 – User Submissions
Any content you submit to the Site — including questions, reviews, comments or suggestions — becomes our sole property and will not be returned to you. By posting reviews or comments, you also grant us the right to use the name you submit in connection with that content.
You must not use a false identity or mislead us or other users as to the origin of any submission. We may, but are not obliged to, remove or edit any submissions at our discretion.
You agree that your submissions will not violate any third-party rights or contain unlawful, abusive, obscene or otherwise objectionable material. You are solely responsible for the accuracy and content of anything you submit.
Section 9 – Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy.
Section 10 – Errors, Inaccuracies and Omissions
While we strive to display accurate pricing and information, errors may occasionally occur. We reserve the right to refuse or cancel any order affected by a pricing error, and will contact you or notify you of any cancellation as appropriate.
Section 11 – Prohibited Uses
You may not use the Site or its content for any of the following: unlawful purposes; soliciting others to engage in unlawful acts; violating any applicable laws or regulations; infringing on intellectual property rights; harassing, abusing or discriminating against any person or group; submitting false or misleading information; uploading malicious code; collecting personal information of others without consent; spamming or scraping; or interfering with the security of the Site or any related services.
We reserve the right to terminate your access to the Service for any violation of these prohibitions.
Section 12 – Intellectual Property
All intellectual property rights in the Site — whether registered or unregistered — including all content, design, text, graphics, software, photos, video, audio and underlying source code, remain the exclusive property of Upaya. The Site's content is protected as a collective work under applicable copyright laws and international conventions. All rights reserved.
Section 13 – Disclaimer of Warranties and Limitation of Liability
We do not guarantee that the Service will be uninterrupted, timely, secure or free of errors, or that the results obtained from its use will be accurate or reliable.
You agree that we may suspend or discontinue the Service at any time without notice, and that your use of the Service is at your sole risk. The Service and all products and services delivered through it are provided "as is" and "as available", without warranties or conditions of any kind, whether express or implied.
To the fullest extent permitted by law, Upaya, its directors, employees, affiliates, agents, contractors, suppliers and service providers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products obtained through it.
Section 14 – Indemnification
You agree to indemnify and hold harmless Upaya and its affiliates, partners, officers, directors, employees, agents, contractors and service providers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or third-party right.
Section 15 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remainder of these Terms will continue in full force and effect.
Section 16 – Termination
We may terminate your access to the Site and revoke any rights granted to you under these Terms at any time without prior notice. Upon termination, you must immediately cease all use of the Site. Termination will not affect any rights or obligations that arose prior to the termination date.
If you are dissatisfied with the Site or these Terms, your sole remedy is to stop using the Site.
Section 17 – Entire Agreement
These Terms, along with any policies or operating rules posted on the Site, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements, whether oral or written.
Failure by us to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Section 18 – Governing Law
These Terms are governed by and interpreted in accordance with the laws of Dubai, United Arab Emirates. Both parties agree to submit to the jurisdiction of the courts of Dubai.
Section 19 – Dispute Resolution
Any dispute or claim arising from your use of this Site will be governed by the laws of the UAE and resolved through private, confidential binding arbitration before a single arbitrator in Dubai, conducted in English. The arbitrator shall be legally trained with experience in the relevant field and independent of both parties. Notwithstanding this, Upaya reserves the right to seek protection of its intellectual property rights and confidential information through injunctive or other equitable relief via the courts.
Section 20 – Changes to These Terms
We reserve the right to update or replace these Terms at any time at our sole discretion. Changes will be posted on this page, and it is your responsibility to review them periodically. Continued use of the Site following any changes constitutes your acceptance of the updated Terms.