You may use our Services only if you can form a binding contract with ScaleUp, and only in compliance with these Terms and all applicable laws. When you create your ScaleUp account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.
- Using ScaleUp
- Who can use ScaleUp
You may use our Services only if you can form a binding contract with ScaleUp, and only in compliance with these Terms and all applicable laws. When you create your ScaleUp account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades. - Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
- Who can use ScaleUp
- Acceptable Use
You must not use this Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms. You must not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Service without ScaleUp's express written consent. You must not use this Service to transmit or send unsolicited commercial communications. You must not use this Service for any purposes related to marketing without ScaleUp's express written consent. - Security
You must keep your user details secure and must not share them with anyone else. You must notify ScaleUp immediately of any breach of security or unauthorized use of your account. ScaleUp will not be liable for your losses caused by any unauthorized use of your account.
We care about the security of our users. While we work to protect the security of your content and account, ScaleUp cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. - Intellectual Property Rights
The design of the ScaleUp Service along with ScaleUp created text, scripts, graphics, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ScaleUp, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. ScaleUp reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein for any commercial purposes. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. - Fees and Payment
Fees are non-refundable except as required by law or as explicitly set forth herein. You will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize ScaleUp to charge such fees using your selected payment method. By default, customer accounts are set to auto-renew and ScaleUp may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Service prior to its renewal date. ScaleUp may revise fee rates for the Service from time to time and will provide your designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to your Service renewal date. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. You are responsible for providing complete and accurate billing information to ScaleUp. ScaleUp may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on ScaleUp’s net income) and ScaleUp will charge tax when required to do so by law.- For Sellers or Users receiving payments on our platform
ScaleUp charges a fixed rate of commission (depending on the medium of instruments used) on of the sale price on each transaction between Buyer and Seller, which it deducts from the payment made by the Buyer. ScaleUp, at its sole discretion, reserves the right to modify the commission amount from time to time. If there is any withholding required, the Seller will pay any amount specified on the Website without reduction for the withholding amount and will also pay the withholding amount to the applicable authorities. Payments to the Seller shall be paid out by ScaleUp, subject to a minimum account balance in the Seller’s account and provided that the Seller has provided his correct account details during the registration of its account on the Website. ScaleUp reserves the right to change pricing and payment policies and to institute new charges at any time, upon notice to the Seller, which may be sent by email or posted on the Website. All payments need to be made online and no offline payments are permitted by ScaleUp. - For Buyers or Users making a payment on our platform
User understands and acknowledges:
That upon making a payment You are entering into a legally binding and enforceable contract with the Seller using the payment facility, and You shall pay the price as listed on ScaleUp through any such instrument as provided used for the payment, to the Seller using payment facility.
That You shall be entitled to claim a refund of the payment made (as Your sole and exclusive remedy) in case You do not get the confirmation of the payment made. In case you do not raise a refund claim within the stipulated time than, ScaleUp or the Seller does not take the responsibility of the refund to be received by You, from your issuing bank.
That no refund shall be made once the payment is made, using ScaleUp.
That ScaleUp, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
That the User shall provide accurate payment details to the secure payment system for making purchase on ScaleUp.
The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
ScaleUp expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
That the User undertakes all payments subject to own risk and volition.
ScaleUp shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.
ScaleUp shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
- For Sellers or Users receiving payments on our platform
- Refunds, Disputes and Chargebacks
- For Buyers or Users making a payment on our platform
As a general rule, no refund will be provided until and unless such circumstances exist that ScaleUp deems fit to refund the transaction money. A Buyer may submit a claim for a refund for a payment made by emailing at contact@ScaleUpConsultants.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by ScaleUp, in its sole discretion. Refund requests must be submitted within 10 days of the payment. In case of failure to do so by the Buyer, he/she agrees that it absolves ScaleUp from any responsibility to facilitate the resolution of such dispute. The Buyer agrees not to dispute/chargeback the transaction with his/her credit card issuing bank without informing or obtaining prior consent of ScaleUp. - For Sellers or Users receiving payments on our platform
A transaction may be reversed or charged back to your account if it is disputed by the Buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith. For any transaction that results in a chargeback, ScaleUp may withhold the transaction amount from your account. If your account has any pending resolution of any chargebacks, ScaleUp has the discretion to delay your next payout(s). ScaleUp reserves the right to withhold from your account the amount of one or more transactions, if it believes that there is a significantly increased risk of a chargeback occurring on these transactions. ScaleUp may also charge you a fee for each refund, or chargeback, or dispute incurred. If your account is incurring a significantly high volume of chargebacks according to ScaleUp, ScaleUp reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase holding period for your funds to be paid out, (e) implement a rolling reserve.
ScaleUp reserves the right to charge a "Penalty fee" from the Users, including Buyers and Sellers, for abusing the platform, towards the charges incurred for the investigation, operational handling and legal consultation charges.
- For Buyers or Users making a payment on our platform
- Third-Party Links, Sites, and Services
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ScaleUp. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third party website, service, or content from ScaleUp, you do so at your own risk and you agree that ScaleUp will have no liability arising from your use of or access to any third-party website, service, or content. - Publicity
ScaleUp shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's home page, to display your logo on the ScaleUp's website, and to otherwise refer to you in print or electronic form for marketing or reference purposes. - Termination
ScaleUp's policy is to investigate violations of these Terms and terminate repeat infringers. You agree that ScaleUp may, under certain circumstances and without prior notice, immediately terminate your ScaleUp account, any associated email address, and access to Service and associated products and services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at ScaleUp's sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with ScaleUp and associated Services. Further, you agree that all terminations for cause shall be made in ScaleUp's sole discretion and that ScaleUp shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Upon termination, you continue to be bound by these Terms. - Indemnity
You agree to indemnify and hold ScaleUp, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. - Modifications
ScaleUp may modify these Terms from time to time. Any and all changes to this Agreement will be posted on ScaleUp Terms Of Use, found at https://www.ScaleUp.com/terms-of-use. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. - Warranty & Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. - Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ScaleUp SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ScaleUp'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO ScaleUp IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. - Severability
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. - Governing Law and Jurisdiction
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Ahmedabad, Gujarat shall have jurisdiction, to the exclusion of all other courts.
