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Terms and conditions of use

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Upgrade Pack Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Upgrade Pack Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Upgrade Pack Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Upgrade Pack Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    a. retrieve, display and view the Content on a computer screen
    b. print one copy of the Content
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Upgrade Pack Limited.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. permission of Upgrade Pack Limited.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Upgrade Pack Limited for all claims resulting from Content you supply.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
    b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
  2. You may, for your own personal, non-commercial use only, do the following:
    a. retrieve, display and view the Content on a computer screen
    b. print one copy of the Content
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Upgrade Pack Limited.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Upgrade Pack Limited for all claims resulting from Content you supply.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

  1. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  2. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Privacy policy

  1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: http://upgradepack.com/privacy.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Upgrade Pack Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Upgrade Pack Limited is under no obligation to update information on the Website.
  2. Whilst Upgrade Pack Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Upgrade Pack Limited accepts no liability for any disruption or non-availability of the Website.
  4. Upgrade Pack Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and / or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
  3. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  4. To the maximum extent permitted by law, Upgrade Pack Limited accepts no liability for any of the following:
    a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    b. loss or corruption of any data, database or software;
    c. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Upgrade Pack Limited details

Upgrade Pack Limited is a company incorporated in England and Wales with registered number 11309189 whose registered address is 71 Queen Victoria Street, London, EC4V 4BE and it operates the Website http://upgradepack.com. The registered VAT number is GB 296 5845 42. You can contact us by email on contact@upgradepack.com.

Privacy policy

This privacy policy applies between you, the User of this Website and Upgrade Pack Limited, the owner and provider of this Website. Upgrade Pack Limited takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: http://upgradepack.com/terms.

Please read this privacy policy carefully.

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:

    Data
    Collectively all information that you submit to Upgrade Pack Limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

    Cookies

    A small text file placed on your computer by this Website when you visit certain parts of the Website and / or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

    Data Protection Laws

    Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

    GDPR

    The General Data Protection Regulation (EU) 2016/679;

    Upgrade Pack Limited, or us Upgrade Pack Limited, a company incorporated in England and Wales with registered number 11309189 whose registered office is at 71 Queen Victoria Street, London, EC4V 4BE;

    UK and EU Cookie Law

    The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

    User or you

    Any third party that accesses the Website and is not either (i) employed by Upgrade Pack Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Upgrade Pack Limited and accessing the Website in connection with the provision of such services; and

    Website

    The website that you are currently using, http://upgradepack.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions. The term 'Website' is also interchangeable with Upgrade Pack's applications ('apps').
  2. In this privacy policy, unless the context requires a different interpretation:  

    a. the singular includes the plural and vice versa;

    b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

    c. a reference to a person includes firms, companies, government entities, trusts and partnerships;

    d. "including" is understood to mean "including without limitation";

    e. reference to any statutory provision includes any modification or amendment of it;

    f. the headings and sub-headings do not form part of this privacy policy.

Definitions and interpretation

  1. This privacy policy applies only to the actions of Upgrade Pack Limited and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
  2. For purposes of the applicable Data Protection Laws, Upgrade Pack Limited is the "data controller". This means that Upgrade Pack Limited determines the purposes for which, and the manner in which, your Data is processed.

Data we collect

  1. We may collect the following Data, which includes personal Data, from you:  

    a. name;

    b. contact Information such as email addresses and telephone numbers;

    c. demographic information such as postcode, preferences and interests;

    d. IP address (automatically collected);

    e. web browser type and version (automatically collected);

    f. operating system (automatically collected);

    g. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);

    h. in each case, in accordance with this privacy policy.

How we collect data

  1. We collect Data in the following ways:  

    a. data is given to us by you; and

    b. data is collected automatically.

Data that is given to us by you

  1. Upgrade Pack Limited will collect your Data in a number of ways, for example:  

    a. when you contact us through the Website, by telephone, post, e-mail or through any other means;

    b. when you register with us and set up an account to receive our products/services;

    c. when you make payments to us, through this Website or otherwise;

    d. when you elect to receive marketing communications from us;

    e. when you use our services;

    In each case, in accordance with this privacy policy.

Data that is collected automatically

  1. To the extent that you access the Website, we will collect your Data automatically, for example:  

    a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

    b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of data

  1. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:  

    a. internal record keeping;

    b. improvement of our products / services; c. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;

    In each case, in accordance with this privacy policy.
  2. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
  3. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share data with

  1. We may share your Data with the following groups of people for the following reasons:

    a. any of our group companies or affiliates - to verify your identity and confirm your eligibility to use the Upgrade Pack service;

    b. our employees, agents and/or professional advisors - to deliver the Upgrade Pack platform as a service (PaaS);

    c. third party service providers who provide services to us which require the processing of personal data - to manage, confirm, and upgrade bookings and upgrades;

    d. relevant authorities - to facilitate the detection, and prevention, of criminal and fraudulent activity;

    In each case, in accordance with this privacy policy.

Keeping data secure

  1. We will use technical and organisational measures to safeguard your Data, for example:  

    a. access to your account is controlled by a password and a user name that is unique to you.

    b. we store your Data on secure servers.
  2. We operate to PCI DSS standards. This family of standards helps us manage your Data and keep it secure.
  3. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: contact@upgradepack.com.
  4. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

  1. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
  2. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

  1. You have the following rights in relation to your Data:  

    a. Right to access- the right to request
    (i) copies of the information we hold about you at any time, or
    (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

    b. Right to correct- the right to have your Data rectified if it is inaccurate or incomplete.

    c. Right to erase- the right to request that we delete or remove your Data from our systems.

    d. Right to restrict our use of your Data- the right to "block" us from using your Data or limit the way in which we can use it.

    e. Right to data portability- the right to request that we move, copy or transfer your Data.

    f. Right to object- the right to object to our use of your Data including where we use it for our legitimate interests.
  2. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: contact@upgradepack.com.
  3. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
  4. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Transfers outside the European Economic Area

  1. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
  2. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
  3. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

Links to other websites

  1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

  1. Upgrade Pack Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Upgrade Pack Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
  2. We may also disclose Data to a prospective purchaser of our business or any part of it.
  3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

  1. This Website may place and access certain Cookies on your computer. Upgrade Pack Limited uses Cookies to improve your experience of using the Website and to improve our range of services. Upgrade Pack Limited has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
  2. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
  3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Upgrade Pack Limited to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
  4. This Website may place the following Cookies:

    Type of Cookie

    Purpose

    Strictly necessary cookies

    These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

    Analytical/performance cookies

    They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

    Functionality cookies

    These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  5. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
  6. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  7. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
  8. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

  1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
  2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
  3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  4. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
  5. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

Changes to this privacy policy

  1. Upgrade Pack Limited reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact us by email at contact@upgradepack.com.

Modern Slavery Policy

Upgrade Pack is the world’s first pureplay technology platform for travel upgrades. A privately held company, based in the UK, we work globally – and are cognisant of our responsibilities as such. The sectors in which we work – technology, travel, and financial services – are also global in nature; each with their own ability to make impact(s) and drive change. We’re committed to tackling the global issue of modern slavery and human trafficking, and supporting human rights internationally.

Our policy

Our Executive Board has created, and built a process for the maintenance of, a strong culture based on ethics, responsibility, and trust. Our Executive Board is joined by Non-Executive members, and collectively, our policies / practices / processes / procedures reflect what is expected of us as a compliant, ethical, and globally responsible company.

Our suppliers and partners

We expect all of our suppliers and partners to support our commitment to tackling modern slavery and human trafficking. We require our suppliers and partners to adhere to all local (and international) laws and regulations. We also expect them to show the same commitment as us to human rights issues. At the heart of this is an expectation that people are treated fairly, with respect, with equality, and professionally.

Our training

Our Executive Board, Non Executive Board members, Leadership Team, and other management all receive consistent and regular training on issues that affect our business and the ecosystem within which we work. Human rights issues, such as modern slavery and human trafficking, is a fixed component of that training. We also review our suppliers and partners in their training of key employees.