Terms & Conditions

 

1.         Introduction

 

1.1.    These Terms and Conditions (the “Terms”) govern your (hereinafter referred to as “you” or “yours”) relationship with www.leadupsystem.com (hereinafter referred to as “we”, “us”, or “our”).

 

1.2.    Our website (“Platform”) allows the customers to access different customer relationship management products available from time to time (“Leadup Products”) on a subscription-based model.

 

1.3.    This Platform, including all information, tools, products and services available to you are conditioned upon your acceptance of these Terms and all other terms, conditions, policies and notices relating to the Platform, including but not limited to Disclaimer Notice, Affiliate Program Policy and the Privacy Policy (“Other Policies”).

 

1.4.    By visiting our Platform and/ or purchasing the Leadup Products, you agree to be bound by the Terms and Other Policies. These Terms and Other Policies apply to all users of the Platform, including without limitation to those users who are browsers, customers and/ or contributors of content. If you do not agree to any or all the terms and conditions contained in these Terms or Other Policies, then you may not access the Platform or use any of the services or products which are made accessible through the Platform.

 

1.5.    Upon a breach or violation of any of the Terms or Other Policies, we shall retain the right to immediately terminate your access to the Platform and/or any of the Leadup Products without any liability of any refund or payback whatsoever.

 

2.         Eligibility

 

2.1.    By agreeing to the Terms and Other Policies, you represent that you are at least the age of majority in your state or province of residence. You may not use Platform or the Leadup Products for any illegal or unauthorized purpose nor may you, in the use of the Platform or the Leadup Products, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

 

2.2.    You must only use the Platform or the Leadup Products if you can knowingly and willingly enter into contracts under the applicable laws. You may be asked additional information for verification of your age or other factors. If you are using the Platform or the Leadup Products on behalf of a business, you hereby represent and warrant that you are authorized by the business to do so.

 

 

 

3.         Leadup Products

 

3.1.    All Leadup Products are available through the Platform. The description of the Leadup Products will be specified on the Platform.

 

3.2.    We reserve the right (which may be exercised on a case-to-case basis) (i) to limit the sales of the Leadup Products to any person, geographic region or jurisdiction; (ii) refuse to provide the Leadup Products to anyone for any reason at any time; and (iii) discontinue any Leadup Product at any time.

 

3.3.     All monthly subscriptions for Leadup Products will continue on a month-to-month basis unless terminated in accordance with the Terms.

 

4.         Promotional Trials

 

We sometimes offer customers 7-days trial period. Trial users may at any time choose not to continue accessing the Leadup Products during the trial period. After the trial period, the Subscription Fees shall be charged (as defined below).

 

5.         Pricing and Billing

 

5.1.    You shall incur a subscription fee for accessing the Leadup Products and any other charges in connection with your use of the Leadup Products, such as taxes and possible transaction fees (“Subscription Fees”).

 

5.2.    To access the Leadup Products, you must provide us with a current, valid and accepted method of payment by the Platform, as updated from time to time (“Payment Method”). The Subscription Fees will be charged to the Payment Method. You authorize us to charge the Payment Method associated to your account. During the trial period, if applicable, your Payment Method will be put on hold and the Subscription Fees will be charged only upon end of the trial period.

 

5.3.    The length of your billing cycle will depend on the type of the Leadup Products that you purchase. The billing cycle usually (but not necessarily) begins from the end of the trial period (if applicable), when the first Subscription Fees will be charged. In some cases, the payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month.

 

5.4.    If a payment is not successfully settled due to any reason whatsoever, including but not limited to expiration, insufficient funds, or otherwise, we may suspend your access to the Leadup Products until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.

 

5.5.    You can update your Payment Methods by contacting us. Following any update, you authorize us to continue to charge the updated Payment Method.

 

5.6.    You can cancel your subscription to the Leadup Product at any time, and you will continue to have access to the subscription through the end of your billing cycle. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods or unused access to the Leadup Products.

 

5.7.    If you cancel your subscription, your access will automatically terminate at the end of your current billing cycle.

 

5.8.    By purchasing a Leadup Product, you represent and warrant that you have the authority to use the Payment Method.

 

5.9.    We are entitled to refuse to process or suspend a transaction. We shall not be liable for any loss, damage, cost, expense or claim incurred by you or any third party as a result of or in connection with our refusal or suspension of any transaction.

 

5.10.You authorize us to authenticate your identity, obtain information about you from third parties, transmit information about you to third parties (such information includes, but is not limited to credit card or debit card details) and obtain card authorizations, and other authorizations related to Payment Methods.

 

5.11.UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

 

6.         Termination

 

In addition to other rights granted pursuant to the Term and Other Policies, we shall be entitled to terminate your access to the Leadup Product without cause by giving you advance notice of 30 days. In such an event, we shall refund you, on a prorate basis, for the period during which the Leadup Product has not been availed. 

 

 

 

 

7.         Modifications to the Prices and Services

 

7.1.    We may change the prices of the Leadup Products from time to time. We will notify you at least one month before any price changes or changes to your leadup Product will become effective. If you do not wish to accept such change, you can cancel the subscription before the change takes effect.

 

7.2.    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Leadup Products or the Platform.

 

8.         Accuracy, completeness and timeliness of information

 

8.1.    We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided on as-is and where-is basis for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

 

8.2.    This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our Platform.

 

8.3.    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

9.         Optional Tools

 

9.1.    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ” as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

9.2.    We may also, in the future, offer new Leadup Products and/or features through the Platform (including the release of new tools and resources). Such new features and/or Leadup Products shall also be subject to these Terms.

 

10.      Third-Party Links

 

Certain content and the Leadup Products available via our Platform may include materials from third-parties. Third-party links on this Platform or the Leadup Products may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

11.      User comments, feedbacks and other suggestions

 

11.1.If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively called the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments. We are and shall be under no obligation (i) to maintain confidentiality of such Comments; (2) to pay compensation for the Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms or Other Policies.

 

11.2.You agree that the Comments, or any other content related to you, will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that the Comments and such content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Leadup Products, Platform or any other related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

12.      Errors, inaccuracies and omissions

 

12.1.Occasionally there may be information on our Platform or in the Leadup Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Leadup Products or on any related Platform is inaccurate at any time without prior notice.

 

12.2.We undertake no obligation to update, amend or clarify information in the Leadup Products or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Leadup Products or on any related website, should be taken to indicate that all information in the Leadup Products or on any related website has been modified or updated.

 

13.      Prohibited Uses

 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Platform, Leadup Products or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Leadup Products or the Platform, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; and (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Leadup Products, Platform or any related website, or the Internet. You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Leadup Products, use of the Leadup Products, or access to the Leadup Products or any material on the Platform through which the Leadup Products is provided, without express written permission by us.

 

14.      Intellectual Property

 

14.1.The Leadup Products and the Platform, and the content thereof, are solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Lead Products and the Platform or any other material or aspects of materials provided by us to you (“Leadup Content”). It is prohibited to reproduce the Leadup Content.

 

14.2.If you purchase or access any of the Leadup Products, you will be considered, you shall only be deemed granted a revocable, limited, non-assignable, non-sublicensable and non-transferable license for personal and non-commercial use only. You shall not use the Leadup Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

 

14.3.You are being granted a limited license to use the Leadup Products with permission and restrictions.

 

14.4.The license granted to use the Leadup Products shall be limited as follows:

 

a.    You may download and/or print the materials related to the Leadup Products for own personal use in your business.

 

b.    You shall not be permitted to share, sell, reprint or republish any other such materials, including handouts, for resale or mass reproduction purposes for your business use.

 

c.    All materials, content and information which is made available through the Platform, such as graphics, texts, button icons, logos, images, audio clips, data compilations, digital downloads and the software is the sole property of us. The same is also copyrighted and trademarked under the relevant applicable laws. The logo, name, slogans and designs are our trademark.

 

d.    Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

 

e.    All rights not expressly granted in these terms or any express written license, are reserved by us.

 

14.5.You shall not copy, share or steal the Leadup Products or the Platform or any parts of them.

 

14.6.You shall not in any way use, copy, adapt or represent any of the Leadup Products or Platforms in any way as if they are yours or created by you.

 

14.7.You shall not duplicate, share, trade, sell, or otherwise distribute the Leadup Products or the Platform to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Leadup Products or the Platform for their own personal use or business/commercial use.

 

15.      Indemnification

 

You agree to indemnify, defend us, and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your use of the Platform and/or the Leadup Products; (ii) your breach of these Terms, Other Policies or the documents incorporated here by reference, or your violation of any law or the rights of a third-party.

 

16.      Governing Law

 

The Terms and Other Policies including shall be interpreted and governed according to the laws of the State of Wyoming without regard to or application of its conflict of law, rules, or principles. The Parties agree that any dispute in connection with the Terms and/or Other Policies, including disputes relating to services and payments, must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Cheyenne, Wyoming, USA. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action).

 

17.      Severability

 

In the event that any provision of these Terms and Other Policies is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Other Policies, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

18.      Changes

 

We reserve the right to make changes to the outlook and functionality of the Platform and the content therein. Any new features or tools which are added to the Platform shall also be subject to the Terms and Other Policies. You can review the most current version of the Terms and Other Policies at any time on this page. We reserve the right to update, change or replace any part of these Terms and Other Policies by posting updates and/or changes to our Platform without any prior notice or intimation. It is your responsibility to check this page periodically for changes.

 

19.      Miscellaneous

 

19.1.The failure of us to exercise or enforce any right or provision of these Terms and Other Policies shall not constitute a waiver of such right or provision.

 

19.2.These Terms and Other Policies and any policies or operating rules posted by us on this site or in respect to the Leadup Product and the Platform constitutes the entire agreement and understanding between you and us and governs your use of the Platform and Leadup Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Other Policies).

 

19.3.Any ambiguities in the interpretation of these Terms and Other Policies shall not be construed against the drafting party.

19.4.The headings used in these Terms and Other Policies are included for convenience only and will not limit or otherwise affect these Terms and Other Policies.

 

20.      Contact Information

 

Questions about these Terms and Other Policies should be sent to us at support@leadupsystem.com and any other relevant communication should be sent to the same email.