Terms and Conditions
Welcome to the Next Upgrade Shop! By accessing and using our Site, you are agreeing to be bound by the following terms and conditions. You acknowledge that these terms constitute a legally binding agreement between you and Next Upgrade Shop, which is being operated by Synagie Inc., an e-commerce enabler company. Please read these terms carefully. If you do not agree to these terms, you may not use our Site.
1.1 Next Upgrade Shop (the "Site), operated by Synagie Inc. (Company), is an e-commerce platform that connects users ("Buyers") with a collective group of sellers ("Sellers"). Through our Site, we facilitate the buying and selling of various products and services. These terms and conditions apply to all users, including Buyers and Sellers.
1.2 By using the Site, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. If you are using our Site on behalf of a business entity, you represent that you have the authority to bind that entity to these terms. If you do not have this authority or do not agree with these terms, please cease using our Site.
1.3 As a user of the Site, you have certain rights and responsibilities. You have the right to browse, view, and purchase products or services offered by Sellers. It is your responsibility to provide accurate and complete information during the registration process, and to ensure the safety and confidentiality of your account credentials and of your personal data as described in Privacy Policy.
1.4 The Site acts as an intermediary platform and is not the seller of the products or services listed on our Site. We strive to provide accurate information and descriptions provided by the Sellers, but we do not guarantee the accuracy or quality of their products or services. It is the responsibility of the Seller to ensure the accuracy of their listings and the quality of their offerings.
Please note that the specifics mentioned above about this Site and it being operated by Synagie Inc., are subject to change. It is your responsibility to review these terms period stay updated on any modifications. Your continued use of our Site following any changes constitutes your acceptance of the modified terms.
2. DEFINITIONS
“Site”, “Services” shall mean Next Upgrade Shop found in shop.nextupgrade.ph, operated by Synagie Inc.
“Company”; “Us”; “We”; “Our” shall mean Synagie Inc., a company with registered office at 16F Roof Deck, The Brilliance Center, 11th Ave., cor 40th St. BGC, Taguig City.
“Customer(s)”, “You” shall mean the "Buyers” of the Site who avail of products and services from the sellers and who make use of the Features through the Site.
“Seller” shall mean a seller of Products or a third-Party Vendor.
“Site”, “Content” shall mean, collectively, all web pages on the Site, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Site and the functionalities or services provided on the Site.
“Feedback” shall mean questions, reviews, comments, and suggestions
Intellectual Property” shall mean all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same
“Features” shall mean and include the features which can be availed by the Customers through the Site.
3. SCOPE OF THE SITE
The Site is a one-stop shop for a wide range of smart home devices. It is being operated by Synagie Inc., a multi-online channel e-commerce enabler that facilitates the simplification of backend e-commerce operations for businesses of all sizes, sellers, third party logistics companies, etc. by managing critical aspects of offline and online logistics businesses, on a day-to-day basis.
Although the Site may display information that may be obtained through various sources, the Users understand and acknowledge that the Company shall not be responsible in any manner for the nature of the information displayed on the Site. You understand and acknowledge that your use of the Site is at your own risk and the Company shall not be liable for any consequence arising from such use.
4. ACCESS TO THE SITE
You agree to use the Site only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Site by the Company or other Users.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, materials or any Company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Site.
You acknowledge and agree that by accessing or using the Site, you may be exposed to content from third parties that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Site.
5. CONTENT AVAILABLE
The Company does not make any warranty or representation for the Services available on the Site. The Company shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Site. You understand that by using this Site, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. We reserve the right to modify the contents of the Site at any time, and you shall be notified of any such modification via an email. You may also be notified of any such modification through a pop-up on the Site. You agree that such modified content shall be binding upon you and you agree to abide by the same. You agree that you are solely responsible for your use of the Services made available through the Site, and the Company shall not be responsible and/or liable for any consequences arising from such use.
6. ADVERTISEMENTS
The Site may contain third party advertisements. The display of such third-party advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
7. OWNERSHIP OF INTELLECTUAL PARTY
The Site and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Site are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Site.
The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the Site that violates another person’s or entity’s proprietary rights.
If you believe that the Site contains elements that infringe your intellectual property rights in your work, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All material on this Site, including but not limited to audio, images, photographs, software, text, icons and such like (the “Site Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Site Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the Site whether owned/used by us or otherwise. By displaying them on the Site we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Site Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may choose to, or we may invite you or any third parties to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Features and Services, including without limitation about how to improve the features of the Site (“Feedback”). By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company or developed by its employees or obtained from sources other than you.
In case you wish to submit any feedback or raise a complaint, please write to customersupport@nextupgradeshop.ph.
8. CONFIDENTIALITY
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Site, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.
9. PROHIBITED CONTENT
You agree not to engage in any of the following activities:
Violating laws and rights:
You may not (a) use the Site for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Site Content, (d) rebroadcast or transmit the Site Content, (e) modify the Site in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Site Content, or by framing, mirroring, or utilizing similar techniques.
10. PROMOTIONS AND OFFERS FROM THE COMPANY
We may encourage Users to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by the Company, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Users if the Users wish to participate in these Promotions.
11. DEALINGS WITH THIRD-PARTY ORGANIZATIONS AND INDIVIDUALS
You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with third party organizations and individuals outside the Site. In the event that you have a dispute with one or more other third -party organization or individuals, you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site.
12. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the Site and the Features and/or services provided through it is entirely at your own risk and that the Site and the information therein are provided on an "as is" or "as Available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, the company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site, the features, the services and your use thereof. The company makes no warranties or representations about the accuracy or completeness of the features and/or services or any information provided or the Site's content or the data shared by or the content of any third party linked to the Site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, the features and the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any features and/or services displayed.
