Welcome to the terms and conditions for Payments of Upmarket membership plans ("Terms"). These Terms are between you and Upmarket ("Upmarket", "We" or "Us") and/or its affiliates and govern our respective rights and obligations in relation to payment services offered by us on www.upmarketindia.com ("upmarketindia.com").
Your use of Upmarket products and services is also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the upmarketindia.com website, which (as changed over time) are incorporated into these Terms.
Your Membership will be governed by the Upmarket Payment and Refund Policy.
As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions, and limitations associated with them that are posted on our website(s) or applications.
As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferable, and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
The content you purchase will be available in your Upmarket app for you to access at your convenience. We encourage you to make a note of your purchased content promptly after the completion of your purchase.
Promotional and Membership Content
We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a membership plan, for so long as you remain an active member of your plan in good standing. We may also remove this content from your account, devices, and applications or otherwise restrict your ability to access it.
We may add or remove purchasable, promotional and membership content (collectively, "Content") from our catalog, membership plans, and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geo-filtering technology to restrict access outside of those territories.
Fees and Renewal
Fees for purchased content, subscription plans, and other services will be stated at the time of your purchase or sign-up, as applicable, and provided on our help pages. The fees for subscription plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in the Terms.
We accept a variety of payment methods depending on the type of subscription plan you choose. You cannot use a credit or debit card issued outside of India to pay on Upmarket. If you sign up for an auto-renewing subscription plan, your Upmarket subscription will automatically renew at the end of each period and we or the third party through which you transact will charge you the subscription fees at the time of renewal (“Recurring Payments”). By signing up for an auto-renewing plan you authorize us, or a third party through which you transact to collect the membership fee for the next membership period and agree to the Terms & Conditions for Recurring Payments.
You may disable the automatic renewal of your Upmarket subscription by contacting Upmarket customer support or by visiting the "Payment Page" on the Upmarket mobile App.
Upmarket Subscription only becomes effective upon successful authorization of payment or successfully enabling Recurring Payments. If the payment methods provided by you are declined for payment of your membership or subscription fees or you do not have a valid payment method on file on your renewal date, we may at our option, limit access to non-purchased content and membership benefits and/or cancel your membership or subscription, as applicable, unless you provide us with a valid payment method. If you provide us with a valid payment method and are successfully charged before your membership or subscription is canceled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
Membership and Subscription Cancellation
You may cancel your subscription plan by visiting your "Payment Page" provided on the Upmarket mobile app and adjusting your membership settings or subscription preferences (as applicable), or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is canceled, but cancellation does not terminate your license and access to purchased content.
We reserve the right to accept or refuse membership or to restrict the use of the Service at our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
Promotional Trial Memberships
We sometimes offer certain customers various trials or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, at our sole discretion, to determine your eligibility. Trial members may, at any time (through the "Payment Page"), choose not to continue to paid membership by canceling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on files, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits, or Content you may have received as part of the offer.
Upmarket may make available an option to customers to make payments on a recurring basis ("Recurring Payments") in respect of the Membership that is offered by Upmarket and/or its affiliate(s). It is clarified that the Membership is provided on a subscription basis, and a customer is required to make periodic payments to continue to avail of the services and the benefits of the membership.
Upmarket or its affiliates may, at any time, without any notice to you, discontinue offering Recurring Payments for the Membership.
You may choose, but will not be bound, to avail Recurring Payments for the payments towards your Membership. In the event you opt for Recurring Payments, you agree to be bound by these Terms in addition to the terms and conditions applicable to your Membership.
Eligible Payment Methods
You can opt for Recurring Payments only in the event a payment method registered with your upmarketindia.com account and selected by you for the purpose of Recurring Payments is current, valid, and acceptable (for the purpose) to us. Such a method is hereinafter referred to as "Payment Method".
We reserve the right to decide the Payment Methods eligible for Recurring Payments. We may also choose to extend the Recurring Payments to selected Payment Methods/products offered by a bank. In other words, our recognition of a specific Payment Method/product offered by a particular bank would not imply our recognition of other Payment Methods/products offered by such a bank.
Upmarket may provide you with the option to change your Payment Method for payment of subscription fees using Recurring Payments, provided however such Payment Method is eligible for Recurring Payments. In the event, the option is made available by Upmarket and in case of such change, to activate Recurring Payments through such new Payment Method, you will need to enable Recurring Payments on such new Payment Method.
You are solely responsible for the accuracy of the information about the Payment Method provided by you, including without limitation, card (credit/debit) details.
Enable Recurring Payment
If you select the Recurring Payments option, your Membership will auto-renew for such Membership period(s) chosen by you and you will be charged automatically for the subscription fees, through the Payment Method registered with your upmarketindia.com account and selected by you for Recurring Payments, on the last day of each Membership period. For the avoidance of any doubt, it is clarified that auto-renewal will be effective (if you specifically opt for the same), upon the expiry of your then-current Membership period.
Your Membership may begin with a free trial or promotional period if you choose to opt for and enable Recurring Payments for your Membership for payments of subscription fees on expiry of such period. Under such a free trial or promotional period, you may not be required to pay any subscription fees or may be required to pay a discounted amount of subscription fees.
Before Recurring Payments is effected for your Membership, a token amount may be charged on the Payment Method proposed to be used by you (for Recurring Payments), for verification/authentication purposes. Once the verification/authentication is successful, you will be registered for Recurring Payments and the token amount charged will be refunded to you.
You agree, understand, and acknowledge that Upmarket may engage third-party payment processors/gateway service providers to facilitate the processing of Recurring Payments. Accordingly, you may be required to follow/adhere to any terms and conditions of such third-party payment processors/gateway service providers, as communicated to you, from time to time.
Once Recurring Payments has been enabled for your Membership, you authorize us or the third party through which you transact to charge the subscription fees for the next Membership period(s) during the subsistence of your Membership unless you cancel or disable Recurring Payment, by means specified by us or the third party through which you transacted and applicable at such time. In this case, your Membership will not renew automatically.
In case you cancel your Membership before the end of the then-current Membership period, you will not be entitled to any compensation, monetary or otherwise, from Upmarket and/or its affiliates for the unutilized Membership period. The amount of subscription fees shall be governed by the terms of the Membership, and you acknowledge that the same is subject to change.
Disable / Cancel Recurring Payments
For the avoidance of any doubt, it is clarified that if you cancel or disable Recurring Payments or auto-renewal of your Membership, your then ongoing Membership will continue for the remainder of the Membership period, however in the event you cancel or disable Recurring Payments during the free trial or promotional period, any unavailed period shall lapse and will not be available to you.
If you cancel or disable Recurring Payments or auto-renewal of your Membership, your Membership will not renew at the end of your then-current Membership period. However, in case one of your Recurring Payments is declined for any reason whatsoever, including the expiry of your card (credit/debit), you agree that Upmarket may use any of your cards on file with Upmarket for the purpose of processing the said payment. If all cards we have on file for you are declined for payment of your Membership or subscription fees, we may cancel your Membership or subscription, as applicable, unless you provide us with a new card. If you provide us with a new card and are successfully charged before your membership or subscription is canceled, your new Membership or subscription period will be based on the original renewal date and not the date of the successful charge.
We value our customers and are committed to providing the best services. Our clients need to realize that we do not offer any guarantee on our calls and hence we cannot offer any refund on any purchases regardless of the individual client's performance.
Once a service has been subscribed or purchased to and payment has been made for the same, it can't be canceled or refunded in any case.
If for some unforeseen reason, the client is not satisfied with our services, they may call us to seek direction on future calls. We will give our best effort to increase the satisfaction levels in such cases. However, any request by the client to cancel a service or get a refund will NOT be accepted in any case.
Notification and Communication
You authorize us to communicate with you through emails in connection with your Membership and/or Recurring Payments. You acknowledge that we may also communicate with you through our affiliate(s) providing the Membership or the benefits of the Membership to you.
Disclaimer of Liability
You agree that we will not be liable for any losses or damages suffered by you on account of your use of Recurring Payments for the Membership, including as a result of any fraud in connection with any payment of Membership fee using your Payment Method.