UpperKey Website Terms of Service and Conditions
Updated 21 March 2023
1. Introduction
At UpperKey, being transparent about how we conduct our business is one of our core values. It is also important for us to be transparent with our site visitors about our Website Terms of Service and Conditions. UpperKey Holdings Limited UK (“we” or “us” or “our”) manages and owns the website www.theupperkey.com, the blogs, and all its subdomains (collectively the “Site”), where visitors can find information about our company and our services. These website Terms of Service and Conditions (the "Terms") describe the obligations and rights of a website visitor or user (“Visitor” or “User” or “you”) in connection with their use of the Site. These Terms of Use relate to your use of the Site only, if you book an accommodation through the Site, will also need to enter into separate accommodation agreements. Certain capitalized terms used in this policy but not defined have the meaning set forth in our Privacy Policy, which also includes additional details about the collection and use of information at UpperKey.
2. Terms
By visiting our Site in any way, including as an unregistered website User, you agree to and acknowledge these website Terms. These Terms are applicable only to your use of the Site. If you access or use any of our physical spaces, any web-based services requiring registration and logging in, our referral program or other services or programs we provide, your use of such spaces, services or programs is subject to the terms and conditions you received or accepted when you signed up for such programs, services or spaces. If you do not agree with any of these terms, you are prohibited from accessing or using this site. If you accept or agree to these Terms on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3. Content and use
Any images, texts, videos, software and other content available on or through the Site (collectively, “Content”) are owned by us and our licensors. As such, they are protected by international copyright laws. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site and no rights are granted to any Content, except as expressly set forth in these Terms. Subject to these Terms, we grant each visitor of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use our (i.e., to download and display locally) Content solely for browsing, viewing and using the functionality of the Site. All Content is intended for general informational purposes only. You may not: copy or modify the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on our Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. We reserve the right, but do not have any obligation to monitor, remove, modify or remove any Content at any time for any reason or for no reason at all.
4. Eligibility
The Site and services and programs mentioned are available only to individuals who are aged 18 years or older, unless we specify otherwise. No one under this age should visit or use the Site and no one under this age should provide any personal information through the Site.
5. Disclaimer and limitation of liability of content
While we strive to always keep the site's content accurate, the Site may contain typographical or other errors and technical inaccuracies in connection with information displayed on the Site, including but without limitation to availability, fees, or rates applicable. In no event shall UpperKey be liable for any direct, indirect, incidental punitive, special or consequential damages arising out of, or in any way connected with, such errors, inaccuracies or omissions. UpperKey shall have the right not to honor reservations or information affected by such inaccuracies, errors or omissions. UpperKey shall have the right to make changes, cancellations, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after the confirmation of a reservation.
To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “UpperKey Parties”) disclaim all warranties and terms, express or implied, with respect to the Site, Services (including third-party services) or Content on or accessible through the Site, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade. In no event shall the UpperKey Parties be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site for (a) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising) or (b) damages in excess of (in the aggregate) GBP 100.
6. Liability of links
We have not reviewed all of the sites linked to our Site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UpperKey of the linked site. Use of any such linked web site is at the visitor's own risk.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.
8. Entire agreement
These Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force, in effect and enforceable. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights.
9. Updates to these Terms
These UpperKey Terms of Service and Conditions may be updated or changed occasionally in order to meet legal, operational and technological standards or requirements. We encourage you to frequently visit this policy in order to stay updated about changes. In case of any critical changes, these will be communicated to you prior to implementation. Any modifications will take effect on the day they are published.
10. How to Contact Us
If you have any concerns or questions about these Terms of Service and Conditions, you may contact us at privacy@theupperkey.com. We will attempt to resolve any complaints regarding these Terms.
If you are based in the EU, and for the purposes of GDPR (Article 27), you may contact our EU head office at: 7 rue Meyerbeer, 75009, Paris, France. If you are based in the United States, you may contact us at: TheHeartOfCity LLC, 20803 Biscayne Boulevard, Suite 440, Aventura, FL 33138.