- Who We Are
1.1 We are Ultimate Power Solution F.Z.C. (“we”, “us” and “our”), was established in 2008 in Sharjah Airport International Free Zone, Sharjah, United Arab Emirates firm, that is governed by the laws of the UAE (Emirate of Sharjah in particular) with our registered office at Office F3-18, Saif Zone, Sharjah, U.A.E. The website, www.upsgenerator.com (henceforth referred to as “Website”) is owned and operated by Ultimate Power Solution FZC.
- What We Do
2.1 Ultimate Power Solution FZC is mainly engaged in the business of importing, assembling, trading and manufacturing in generators. The ownership, management and control of the company are vested with qualified Management.
2.2 Ultimate Power Solution FZC provides high quality products to satisfy its customers’ demands. We specialize in all types of Generators sales, Rental Services and After sales Services.
- Agreement Between You And Us
3.1 The following terms and conditions, (the “Terms”) regulate your access to and use of Ultimate Power Solution FZC website, and your participation in our online surveys and questionnaires.
3.2 Please go through this document carefully. By visiting, accessing, using, or contributing to the Website, you agree that you have read and accepted these Terms and are legally bound by them. If you are unwilling to be bound by these Terms, please immediately stop your use of the Website and delete all Conference apps from your devices.
- Scope
4.1 These Terms govern the relationship between us and:
4.1.1 visitors and users of this website and our subsidiary brands, and their related subdomains;
4.1.2 participants of the online surveys relating to this website and our events.
- Privacy Policy
5.1 These Terms also include and incorporate by reference to our Privacy Policy, which explains the types of information collected, stored, shared, and processed in connection with the Website, how and why we use such information, who we share it with, and your legal rights.
- Changes To The Policy
6.1 These Terms apply to you immediately from its publishing date, right until a new version is uploaded on the website. We may modify these Terms at any time for legal, security, or regulatory purposes, or to reflect changes in our services or business practices. Any amended Terms will be posted on www.upsgenerator.com.
- Accessing the Website
7.1 When accessing and using the Website and its related subdomains you are not allowed to:
7.1.1 breach any law, statute, ordinance, or regulation;
7.1.2 utilize the Website (or any part of it) for prohibited reasons and you agree to use it in accordance with all relevant laws;
7.1.3 promote or offer information about illegal acts and/or promote physical harm or injury against any group, community, or individual;
7.1.4 upload or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms, or anything other harmful activity;
7.1.5 modify any security feature of the Website or compromise the security of your account or someone else’s account (such as allowing someone else to log in to the Website as you);
7.1.6 disrupt the operation of, or put an unreasonable load on, the Website (such as viruses, denial of service attack or gaming algorithms);
7.1.7 deploy manual or automated software, devices or other means or processes to access, scrape or crawl the Website or any content or information contained in it;
7.1.8 participate in ‘framing’, ‘mirroring’, or otherwise duplicating the appearance or function of the Website;
7.1.9 eliminate any copyright, trademark, or other proprietary rights notices included in or on the Website;
7.1.10 change, make derivative works or copying or storing any significant portion of the Website or any related technology (unless allowed by law or our express written consent);
7.1.11 access or use the Website (or any part of it) in a manner which may result in;
(i) the Website crashing, being interrupted, damaged, rendered less efficient, or such manner designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or Website;
(ii) promoting or sharing any material which is unlawful, libelous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy, hateful or otherwise objectionable, defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(iii) tamper with the effectiveness or functionality of the Website; or
(iv) violate or infringe upon the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality and/ or privacy) of the Website;
7.1.12 try to grant any unauthorized access to any part or component of the Website;
7.1.13 copying or distributing any part of the Website in any medium without our prior written consent; and
7.1.14 alter, change, update or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended use; or
7.1.15 reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website or any related technology, or any part thereof unless allowed by law.
- Website Access License
8.1 User is responsible for maintaining the confidentiality of their account and they are granted limited and revocable access to this Website.
8.2 Ultimate Power Solution FZC reserves the right to alter, remove, or suspend features and functionalities available on the Website at any point if it deems fit.
8.3 The Website, in whole or in sections, may not be reproduced, republished, redistributed, archived, translated, modified, copied, or duplicated for commercial purposes without the explicit written permission of Ultimate Power Solution FZC. You may not use the Ultimate Power Solution FZC’ logo or trademark without the Company’s written consent.
- Disclaimer
9.1. While we attempt to walk the extra mile to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. We will develop, maintain, and operate the Website with reasonable skill and care and will use reasonable guards and efforts to promptly remedy any faults of which it is aware, however, the Website, all materials, information, software, products, and services included in or available through the Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement and we do not guarantee that access to the Website will be uninterrupted or error-free.
9.2 To the fullest extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in relation to the Website, all materials, information, software, products, or services offered on the Website whether by us or on our behalf, and in relation to any results or information obtained through the Website and any reliance on any such results or information and conclusions drawn from such results or information. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.
9.3 To the fullest extent permitted by applicable law, we disclaim all warranties, representations, conditions, and duties of any kind, whether implied or expressed, including without limitation, any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
9.4 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the timeliness, security, performance, or privacy of the Website and any information provided to or taken from the Website by you.
9.5 You understand, acknowledge, and agree that Ultimate Power Solution FZC, without your prior approval, may use images or videos of its past participants from its events, in its marketing content for future use.
- Liability
10.1 To the fullest extent allowed by applicable law:
10.1.1 we and our related companies shall not be liable to you whether, in contract, tort (including for negligence), misrepresentation, restitution or otherwise for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings or income; loss of opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and/or similar losses or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with the performance or contemplated performance of the Terms, even if we had been advised of the possibility of same in advance; and
10.2 Nothing in these Terms purports to exclude or limit liability for any fraudulent statement or act or in respect of any liability that cannot be excluded or limited under applicable law.
- Restrictions
11.1 When you visit Ultimate Power Solution FZC’ Website, you represent that you’re not a minor/less than 18 years of age. Individuals who are Minors/under the age of 18 shall not register as a User of the Website and shall not transact on or use the Website.
- Indemnity
12.1 You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all claims, liability, damages, losses, costs and expenses, including legal fees, that arise out of or are related to any breach of the Terms by you or any other liabilities incurred by us arising out of your use or misuse of the Website, or use by any other person accessing the Website using your internet access account.
- Intellectual Property
13.1 We are the owner or licensee of all intellectual property rights on the Website. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorized by us. We reserve all rights not expressly granted in and to the Website and the content on the Website. You agree not to copy, publish, republish, redistribute, archive, store, adapt, alter, modify, translate, create derivative works from, summarize, photocopy, scan, syndicate, sell, license, frame, harvest, scrape, grant or purport to grant any rights in or otherwise make available any content from the Website.
- Termination
14.1 We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Websites, with or without notice, for any reason or no reason, including without limitation your violation of these Terms
- Statutory Rights
15.1 Nothing in these Terms affects your statutory rights as a consumer.
- Transactions
16.1 The Company accepts online payments via VISA or Mastercard debit and credit cards in AED, as well as US dollars, in exchange for its services. Online transactions are also governed by the Terms & Conditions of merchant service providers. We urge you to go through their user agreements and privacy policies before initiating transactions. The User must also retain copies of transaction records, Merchant policies, and guidelines.
- Cancellations and Refunds
17.1 Payments once submitted and processed are non-refundable. That said, we will review each request subjectively and will reserve the right to issue or deny a refund.
- Delivery Timeframe of Services
18.1 After your payment is confirmed, you shall receive your printed receipt, and the delivery will be as per the schedule and agreement between both parties.
18.2 We won’t assume liability if the delivery is not happened due the war, Global Pandemic, labor strikes, Extreme weather conditions, and/ or other emergencies.
- Governing Law And Jurisdiction
19.1 This interpretation, formation and operation of the Terms and all non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with, and all disputes between the parties arising out of or in any way relating to the Terms or any disputes between the parties in any way connected with the subject matter of these Terms (whether contractual or non-contractual) shall be governed by the laws of the domicile country i.e. UAE (Emirate of Sharjah in particular) or court of competent jurisdiction within the UAE without regard to its conflict of law provisions.
19.2 Each of the parties submits to the exclusive jurisdiction of Sharjah Counts.
19.3 Nothing contained in the Terms shall limit our right to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.
- Office Foreign Assets Control (OFAC) Sanctions
20.1 Ultimate Power Solution FZC will not trade with or offer its services to businesses and/or individuals owned, operated, controlled by, or acting on behalf of OFAC targeted and sanctioned countries as well as with entities, such as terrorists and narcotics traffickers mentioned under the non-country-specific OFAC programs.
- Some Final Terms
21.1 These Terms (including our Privacy Policy) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior, written, or oral agreement between us relating to such matters. You confirm that in agreeing to accept these Terms you have not relied on any representation that is not expressly included herein, and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms. However, nothing in these Terms purports to exclude liability for any fraudulent statement or act.
21.2 If a court with jurisdiction over these Terms finds that any part of these Terms is wholly or partly unenforceable, you and we agree that where possible, the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree that the court should not have regard to that unenforceable part but still enforce the rest of these Terms.
21.3 If we fail to insist that you perform any of your obligations under these Terms or we do not act or delay in acting to in exercise a right or remedy provided by these Terms that does not mean we have waived our rights or remedies against you and will not mean that you do not have to comply with your obligations.
21.4 These Terms are personal to you. You agree not to assign or transfer your rights or obligations under these Terms to anyone else without receiving our prior written consent. We may assign or transfer these Terms without your consent by providing you with notice.
21.5 You and we agree that no agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect.
21.6 You agree that the only way you can provide us with a legal notice is at the address(s) set out in Part 1 above.
21.8 In these Terms:
21.8.1 a reference to these Terms includes all of its parts, and includes any amendment to or replacement of them;
21.8.2 headings are for reference purposes only and do not form part of these Terms;
21.8.3 a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
21.8.4 the singular includes the plural and vice versa; and
21.8.5 “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.
21.9 If you are a consumer, nothing in these Terms excludes any of your applicable consumer or other statutory legal rights that cannot be waived.
