privacy policy
This policy applies to the site: Upperkays
Last updated: August 13, 2024
Respecting your privacy is of utmost importance to Upperkays, which is responsible for this site.
This privacy policy aims to inform you about:
● How your personal information is collected and processed. Personal information includes any details that could identify you, such as your first and last name, age, postal address, email address, location, or IP address.
● Your rights regarding this information.
● Who is responsible for processing the collected and processed personal information.
● To whom this information is transmitted.
● Potentially, the site's policy regarding cookies.
This privacy policy complements the Terms of Use, which you can view at:
1. COLLECTION OF PERSONAL INFORMATION
We collect the following personal information:
● Last Name
● First Name
● Postal Address
● Postal Code
● Email Address
● Phone/Fax Number
● Credit Card Number
● Gender
● Age/Date of Birth
The personal information we collect is obtained through the collection methods described below, in the sections "Forms and Collection Methods" and following.
2. FORMS AND COLLECTION METHODS
Your personal information is collected through the following methods:
● Website Registration Form
● Order Form
● Opinion Survey
● Contest
We use the collected information for the following purposes:
● Order Tracking
● Promotional Information/Offers
● Statistics
● Contact
● Website Management
3. INTERACTIVITY
Your personal information is also collected through interactivity between you and our website.
This information is collected through:
● Comments
● Correspondence
● Information for promotional offers
We use the collected information for the following purposes:
● Forums or Discussion Areas
● Statistics
● Contact
● Website Management
4. LOG FILES AND COOKIES
We collect some information through log files and cookies. These files help us process statistics and traffic information, facilitate navigation, and improve service for your convenience.
a) Description of cookies used by the site:
● IP Address
● Operating System
● Pages Visited and Requests
● Time and Date of Connection
The use of such files allows us to achieve the following objectives:
● Service Improvement and Personalized Welcome
● Creation of Personalized Consumer Profiles
● Order Tracking
● Statistical Studies
When navigating the site, third-party cookies may be stored. These include:
● Facebook and Instagram
Additionally, the site integrates social media buttons that allow you to share your activity on the site. Therefore, cookies from these social networks may be stored on your computer when using these features.
These sites have their own privacy policies and terms of use that may differ from our site. We encourage you to review their privacy policies and terms of use.
b) Opposition to the Use of Cookies by the Site
You can oppose the storage of cookies by configuring your browser software. If you decide to disable cookies, you may continue to navigate the site. However, any malfunction of the site caused by this adjustment cannot be considered our responsibility.
5. SHARING OF PERSONAL INFORMATION
We are committed to not selling or generally marketing the collected personal information to third parties. However, we may share this information with third parties for the following reasons:
● Creation of Consumer Profiles
● Order Fulfillment
● Partnership
● Advertising
6. DURATION OF PERSONAL INFORMATION RETENTION
The personal information processor will retain all collected personal information in its computer systems and under reasonable security conditions for a period of 5 years.
7. HOSTING OF PERSONAL INFORMATION
Our site is hosted by: Wix Online Platform Limited, headquartered at:
1 Grant's Row, Dublin 2 D02HX96, Ireland.
The host can be contacted at the following phone number: ____.
The information we collect and process is exclusively hosted and processed in Canada.
8. PERSONAL INFORMATION PROCESSOR
a) The personal information processor
The personal information processor is: Kasey Lemelin. He can be contacted as follows:
By email at info@upperkays.com
The personal information processor is responsible for determining the purposes and means used for processing personal information.
b) Obligations of the Personal Information Processor
The personal information processor is committed to protecting the collected personal information, not transmitting it to third parties without your knowledge, and respecting the purposes for which the information was collected. Additionally, the personal information processor is committed to notifying you in case of correction or deletion of personal information, unless this entails disproportionate formalities, costs, or procedures. If the integrity, confidentiality, or security of your personal information is compromised, the processor is committed to informing you by any means.
9. RIGHT OF OPPOSITION AND WITHDRAWAL
You have the right to oppose the processing of your personal information by the site ("right of opposition"). You also have the right to request that your personal information be removed, for example, from a mailing list ("right of withdrawal").
To object to the processing of your personal information or request its removal, you must follow this procedure:
You must contact the personal information processor by email, clearly specifying which personal information you wish to oppose or have removed.
10. RIGHT OF ACCESS, RECTIFICATION, AND DELETION
You can view, update, modify, or request the deletion of your information by following the procedure outlined below:
You must contact the personal information processor by email, clearly specifying which personal information you wish to access, update, modify, or delete.
If you have an account, you have the right to request the deletion of your personal space by following this procedure:
You must contact the personal information processor by email, clearly specifying your request for the deletion of your personal space.
11. SECURITY
The personal information we collect is stored in a secure environment. Our employees are required to respect the confidentiality of your information.
To ensure the security of your personal information, we use the following measures:
● SSL (Secure Sockets Layer) Protocol
● SET (Secure Electronic Transaction) Protocol
● Access Management - Authorized Personnel
● Access Management - Concerned Personnel
● Username/Password
We are committed to maintaining a high level of confidentiality by integrating the latest technological innovations to ensure the confidentiality of your transactions. However, since no mechanism offers maximum security, some risk is always present when using the Internet to transmit personal information.
12. CHILDREN
Our site and services are not intended for individuals under 15 years of age. We do not knowingly collect personal information from children under 15. If we learn that we have collected such information, we will take steps to delete it.
13. CHANGES TO THE PRIVACY POLICY
This privacy policy can be reviewed at any time at the following address:
https://www.upperkays.com/privacy-policy
We reserve the right to modify it to ensure compliance with applicable law.
Therefore, you are encouraged to regularly review this privacy policy to stay informed of any changes.
14. LEGISLATION
We are committed to complying with the legislative provisions set out in:
● The Private Sector Privacy Act, RLRQ c P-39.1; and/or
● The Personal Information Protection and Electronic Documents Act, SC 2000, c 5.
15. CONTACT
If you have any questions or concerns about this Privacy Policy or our practices, please contact us at:
TERMS OF SERVICE
The terms of use applies to the site: Upperkays
Last updated: August 13, 2024
PLEASE READ THE TERMS OF USE BEFORE USING THE SITE
The following terms govern and apply to your use or access of the site maintained by Upperkays (the "site"). By accessing or navigating the site, you declare that you have read and understood the terms of use and agree to be bound by these terms. Please note that we may modify the terms of use at any time without notice. Your continued use of the site will be considered as your acceptance of the revised terms.
1. INTELLECTUAL PROPERTY
Any intellectual property on the site is owned by us or our licensors and includes any element protected by copyright, trademark, or patent. All trademarks are owned, registered, and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and any other content, is a collective work under Canadian law or any other copyright law and is the property of Upperkays. The elements on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, without our written permission. All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information due to your use of the site, including, but not limited to, documents, data, or information developed by us, or any other item that might assist you in using the site or services (the "Company Content"). The Company Content may only be used for the purpose of using the site and the services offered on the site. Nothing in these terms should be interpreted as granting you a license or intellectual property rights.
3. USER ACCOUNT AND ACCOUNT USE
If your use of the site requires an account identifying you as a user of the site (a "user account"):
a) You are solely responsible for your user account, maintaining, confidentiality, and security of your user account and all passwords associated with your user account, as well as the activity of anyone who accesses your account with or without your permission;
b) You agree to notify us immediately of any unauthorized use of your user account, services through your user account, a password related to your user account, or any other security breach related to your user account or service provided through your user account, and agree to assist us, as we may request, in stopping or remedying any security breach related to your account; and
c) You agree to provide truthful, accurate, and current user information, as we may request from time to time, and agree to notify us of any changes to your user information as required so that the information we hold is truthful, accurate, and current.
4. PAYMENT
When you make a purchase on the site, you agree to provide a valid payment instrument. Be mindful of transaction details as the total price may include taxes, fees, and shipping costs for which you are responsible. When you provide us with a payment instrument, you declare that you have permission to use that payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument you designated for the transaction. You also authorize us to collect and record that payment instrument as well as any other information related to the transaction.
If you pay by debit or credit card, we may obtain a preauthorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the preauthorization may not be immediately available on your account.
We reserve the right to cancel any transaction if we believe that the transaction violates these terms of use or if we believe that doing so may prevent a financial loss.To prevent any financial loss, we may contact the issuer of your payment instrument, law enforcement authorities, or any affected third party (including other users) and may share details of any payment associated with you if we believe such action may prevent financial loss or a violation of the law.
Payment for any ongoing service will be automatically charged until you notify us that you wish to terminate the services.
5. SALE OF PRODUCTS AND/OR SERVICES
We may sell goods or services or allow third parties to sell goods or services on our site. We strive to be as accurate as possible regarding any information about the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any information related to a product, and you acknowledge and agree that the purchase of such products is at your own risk.
For goods or services sold by third parties, we are not responsible for any product and cannot guarantee the merchantability, conformity, quality, safety, or legality of these products. For any claims you might have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and/or seller and not against us. You agree to hold us harmless from any claim related to goods or services manufactured or sold by third parties, including any claim regarding the manufacturer's warranty or liability.
6. SHIPPING, DELIVERY, AND RETURN POLICY
You agree to pay for all items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and a valid shipping address as well as valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide us. If payment has already been processed, we will refund the purchase price. We may require additional information before confirming the sale and reserve the right to place additional restrictions on the sale of our products. For the sale of physical goods, we may preauthorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment. You agree to monitor your payment instrument. Shipping and delivery costs as well as estimated delivery dates may change due to unforeseen circumstances.
For any questions or disputes, you agree to contact us promptly at the following email address: info@upperkays.com
7. MARKETING AND AFFILIATE ADVERTISING
Through the site and its services, we may engage in affiliate marketing activities for which we receive a commission or a percentage of sales. We may also accept advertising or sponsorship from commercial enterprises or receive other forms of advertising compensation.
8. ACCEPTABLE USE OF THE SITE
You agree not to use the site for illegal purposes or any other purpose prohibited by this clause. You agree not to use the site in any way that could harm the site, the services, or Upperkays’s business.
You also agree not to use the site for the following purposes:
a) Harassing, abusing, or threatening others or otherwise violating the rights of a person;
b) Violating Upperkays's or any third party’s intellectual property;
c) Uploading or transmitting computer viruses or any other software that could damage Upperkays's or others' property;
d) Committing fraud;
e) Creating or participating in illegal gambling, lottery, or pyramid schemes;
f) Posting or distributing obscene or defamatory material;
g) Posting or distributing any material that incites violence, hatred, or discrimination against any group; and/or
h) Illegally collecting information about others.
9. PRIVACY
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country where we may operate.
When you sign up for a user account, you provide us with a valid email address and may also provide us with additional information, such as your name and/or billing information. Depending on your use of our site, we may also receive information from external applications you use to access our site or receive information about you through various web technologies such as cookies, histories, invisible pixels (also known as "invisible GIFs"), tags, and others.
We use the information collected from you to ensure you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and to do so, we may work with third-party providers.
If you wish to block our access to any passive information we receive through various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive the information you provide us, such as your email address.
If you choose to terminate your account, we will store and retain your information for a reasonable period as required by federal, provincial, and other applicable laws.
10. DISCLAIMER
Our site exists for communication purposes only. You acknowledge and agree that any information posted on our site is not intended to be legal, medical, or financial advice, and no fiduciary relationship has been created between you and Upperkays. You also agree that your purchase of products or services on the site is at your own risk. We are not responsible for any advice or other information conveyed on the site.
11. REVERSE ENGINEERING AND SECURITY
You may not undertake any of the following actions:
a) Use reverse engineering or disassemble any code or software on or from this site;
b) Violate or attempt to violate the site’s security by any unauthorized access, bypassing encryption or any other security tools, exploiting data, or interfering with any host, user, or network.
12. DATA LOSS
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Upperkays and its affiliated companies against any claim, lawsuit, or demand, including attorney fees, that may arise from or relate to your use or misuse of the site, your violation of these terms, or your conduct and actions. If we choose to do so, we will select our lawyer and participate in our own defense.
14. SPAM POLICY
You are strictly prohibited from using the site or any service offered on the site for illegal activities related to spam, including collecting addresses and personal information from others or sending mass commercial emails.
15. THIRD-PARTY LINKS AND CONTENT
We may post links to third-party sites or services. We are not responsible for any damages or losses related to the use of third-party services linked on our site.
16. SEVERABILITY
If any of these clauses is found to be illegal, declared void, or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other clauses in these terms of use.
17. SERVICE INTERRUPTIONS
We may need to interrupt your access to the site to perform maintenance work or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unforeseen unavailability for any reason, and that we will not be held liable for any damages or losses resulting from such unavailability.
18. TERMINATION OF USER ACCOUNT
We may suspend, limit, or terminate your user account and your use of the site at our sole discretion, at any time, without notice, and for any reason, including if the operation or efficiency of the site or equipment or network owned by us or a third party is disrupted by your use or misuse of the site or if you have been or are currently in violation of these terms. We will have no liability to third parties, including a third-party provider, for any suspension, limitation, or termination of your access to the site.
19. NO WARRANTY
Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that the content is error-free, up-to-date, or complete. In no event shall we be held liable for any damages that may result from an error found on the site.
We assume no responsibility for any damages arising from the misuse of the site's content. We also cannot guarantee that the site will be available without interruption, error, or omission, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided "as is" and "as available" without any representation, warranty, or condition of any kind, express or implied.
If you decide to subscribe to services or features on the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process and to ensure their accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you choose or are assigned to you at the time of registration or subscription on Upperkays or its partners and to take responsibility for all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for any losses or damages of any kind resulting from your failure to comply with this provision or related to such failure.
You acknowledge that we may, at our sole and absolute discretion, and without notice, suspend, cancel, or terminate your account, your use or access to the site or any of its services, and remove and delete any information or content related to the site or any of the services offered (and terminate your use thereof) for any reason, including if we believe that you have violated these terms. Furthermore, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with Upperkays or any of its services, or with any of these terms, rules, policies, guidelines, or our practices regarding the operation of Upperkays or any of its services, your sole remedy is to cease using the site or the service in question.
20. PRIVACY
In addition to these general terms, the site has a privacy policy that describes how personal information is handled when you visit the site and how cookies are used.
For more information, please consult our Privacy Policy at the following address: https://www.upperkays.com/privacy-policy.
By browsing the site, you acknowledge that you have also read the aforementioned privacy policy.
21. LIMITATION OF LIABILITY
We are not liable for any damages you may suffer arising from your use of the site to the fullest extent of the law. Upperkays' maximum liability arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Upperkays in the last six months, whichever is greater. This applies to any claim, including, but not limited to, loss of profits or revenue, indirect or punitive damages, negligence, tort, or fraud of any kind.
22. QUESTIONS AND ADDITIONAL INFORMATION
For any questions or to obtain further information, please contact us at the following address: info@upperkays.com.
DIGITAL PRODUCTS LICENSE AGREEMENT
This license agreement applies to the site: Upperkays
Last updated: August 13, 2024
This Digital Products License Agreement is a legally binding between you ("Licensee") and Upperkays ("Licensor"), regarding your purchase and use of digital products from Upperkays. By purchasing or using any of our Products, you agree to be bound by the terms of this Agreement.
1. GRANT OF LICENSE
1.1) License Grant
Upon purchase and subject to the terms of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Products solely for personal or internal business purposes.
1.2) Restrictions
Licensee shall not :
● Copy, distribute, or disclose any part of the Products in any medium.
● Modify, translate, reverse-engineer, decompile, disassemble, or create derivative works based of the Products.
● Sell, sublicense, rent, lease, or otherwise transfer the Products to any third party.
● Use the Products in any manner that violates any applicable laws or regulations.
2. OWNERSHIP AND INTELLECTUAL PROPERTY
2.1) Ownership
Licensor retains all right, title, and interest in and to the Products, including all intellectual property rights therein.
2.2) Trademarks
Upperkays and all related logos and names are trademarks of Licensor. Licensee is granted no right of licence to use these trademarks.
3. PAYMENT AND TAXES
3.1) Payment
Licensee shall pay all fees specified for the Products at the time of purchase. All payments are non-refundable except as expressly provided in the Agreement.
3.2) Taxes
Licensee is responsible for all taxes, duties, and other governmental assessments associated with the purchase and use of the Products.
4. TERM AND TERMINATION
4.1) Term
This Agreement is effective upon Licensee's acceptance and shall continue until terminated.
4.2) Termination
Licensor may terminate this Agreement immediately if Licensee breaches any term of this Agreement. Licensee may terminate this Agreement at any time by ceasing all use of he Products and destroying all copies.
4.3) Effect of Termination
Upon termination, all licenses granted to Licensee shall immediately terminate, and Licensee shall cease all use of the Products.
5. DISCLAIMER OF WARRANTIES
THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF RELATING TO THIS AGREEMENT OR THE USE OF THE PRODUCTS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE PRODUCTS.
7. INDEMNIFICATION
Licensee agrees to indemnify, defend, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys, fees) arising out of or in any way connected with Licensee's use of the Products or breach of this Agreement.
8. MISCELLANEOUS
8.1) Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements, understanding, and representations.
8.2) Amendments
Licensor reserves the right to modify this Agreement at any time. Any changes will be posted on the Licensor's website and will be effective immediately upon posting. Licensee's continued use of the Products following the posting of any changes constitutes acceptance of the changes.
8.3) Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
8.4) Waiver
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right of provision.
9. CONTACT INFORMATION
If you have questions about this Agreement, please contact us at :
SHIPPING AND RETURN POLICY
1. ORDER FULFILLEMENT AND SHIPPING TIMES
It usually takes 3–7 days to fulfill an order, after which it’s shipped out. The shipping time depends on your location.
2. SHIPPING ORIGIN
Orders are shipped from an on-demand order fulfillment company with facilities worldwide.
3. CUSTOMS AND TAX FEES
Additional customs and tax fees may occur on international orders. These fees are assessed by your local customs office and are not within our control. Customs policies vary by country, so please check with your local customs office for details.
4. DELAYED OR MISSING ORDERS
If your order should have arrived but hasn't, please:
● Check your shipping confirmation email for any mistakes in the delivery address.
● Ask your local post office if they have your package.
● Check with your neighbors in case the courier left the package with them.
If the shipping address was correct and the package wasn't left at the post office or with a neighbor, contact us at info@upperkays.com with your order number. If there was a mistake in your delivery address, we can send you a replacement order at your own cost.
5. ORDER TRACKING
You’ll receive a tracking link via email when your order ships. For questions about tracking or shipment, contact us at support@upperkays.com.
6. WRONG OR DAMAGED PRODUCTS
If you received a wrong or damaged product, please email us at support@upperkays.com within a week, including photos of the damaged product, your order number, and any other details. We’ll resolve the issue as soon as possible.
7. REFUNDS
Refunds are only offered for wrong or damaged items. If this applies, please contact us at support@upperkays.com with photos of the items, and we’ll handle it.
8. EXCHANGES
We do not offer exchanges at this time. If you’re unsure of your size, check our sizing charts in the product description section. If an item you ordered was mislabeled, contact us at support@upperkays.com within a week of receiving your order with your order number and photos of the mislabeled item, and we’ll send a new one or issue a refund.
Digital Products License Agreement
Privacy Policy
Terms of Service
Shipping and Return Policy