Welcome to UponOurStar.com. The following terms and conditions ("Terms and
Conditions") govern your use of www.uponourstar.com (“the Site”).
Please read them carefully. By accessing, viewing, or using this Site or its content,
material, services or any other offering available on or through this Site, you
represent that you have read and understand these Terms and Conditions, and that
you agree to them and intend to be legally bound by them. UponOurStar reserves the
right to modify the Terms and Conditions, at any time and without prior notice to
Uponourstar.com is owned and operated by UponOurStar Inc. ("UponOurStar").
The terms, “we” or “us” or “our” refer to uponourstar.com
and UponOurStar Inc. The term “you” refers to any Member, Guest, or
person or entity that visits the Site or Webpages of its Members.
Changes to the Site
We reserve the right to discontinue, suspend access, or modify the Site and/or certain
services provided on the Site, at any time and without prior notice to you. Uponourstar.com
is in its BETA test phase as it has recently launched. During this phase, we will
continue to monitor and correct issues that may arise. By using this Site, you acknowledge
that the Site and Member Webpages may not be free of errors.
Copyright, Trademarks and Proprietary Rights
All content on the Site (except your content) including, but not limited to text,
graphics, logos, articles, button icons, software, and images, is the property of
UponOurStar or its content suppliers and protected by International and United States
copyright laws. The compilation of all content on the Site is the property of UponOurStar.
Reproduction, modification, distribution, performance or display, creation of derivative
works based upon, or reproduction of the Site content in any way is strictly prohibited.
You may not use this Site or any of its content for commercial purposes, without
prior written agreement from UponOurStar. All logos, slogans, symbols and trademarks
on the Site are the exclusive property of UponOurStar.
Obligation for Usage and Security
By registering as a Member of the Site, you acknowledge and accept a personal, non-assignable
license to log into, access and place content on the Site. Some Services offered
to you are free of charge, while others cost money or have other requirements. When
you subscribe to such services, any such requirements and fees will be explained
on the Site and agreed to by you.
You are solely responsible for maintaining the confidentiality of your account and
password(s) and for restricting access to your computer. You agree to be responsible
and liable for all activities that occur under your account or password. You agree
to (a) notify UponOurStar immediately if you suspect or become aware of any unauthorized
use of your account or password, or other breach of security, (b) notify UponOurStar
immediately if you lose your Member password or account identifiers, and (c) ensure
that you exit from your account at the end of each session. UponOurStar cannot and
will not be liable, directly or indirectly, for any loss or damage arising from
your failure to comply with this Section of the Terms and Conditions.
If using the Site as a Member, you are responsible for maintaining your selected
level of security for your Wish Registry Webpage (“your Webpage”). You
are fully responsible for all actions taken on or in connection with your Webpage
by your Guests and/or visitors to your Webpage. You agree to notify UponOurStar
immediately if you suspect or become aware of any unauthorized use of your Webpage,
or other breach of security. UponOurStar cannot and will not be liable for any loss
or damage from your failure to comply with this security obligation. You agree that
under no circumstances will UponOurStar be liable, directly or indirectly, for any
acts or omissions by a Member or Guest, including damages of any kind incurred as
a result of such acts or omissions.
In order to use the Site as a Member, you must complete all mandatory fields of
the registration form, and provide your banking information to proceed with collecting
your funds. In order to use the Site as a Guest, you must complete all mandatory
fields of the payment and personal information forms. By using the Site as a Member
and/or Guest, you agree to: (a) provide accurate, true, complete and current information
about yourself as required by the Site’s registration, banking and payment
information forms, and (b) maintain and promptly update such information about yourself
to keep it true, accurate, current and complete. UponOurStar reserves the right
to refuse service, suspend Site use, remove or edit content, or terminate accounts
in our sole discretion.
You agree to access the Site by no other means than through the interfaces provided
by UponOurStar for use in accessing the Site.
You acknowledge that the Site may include advertisements and that such advertisements
are necessary for UponOurStar to make the Site possible. You agree that UponOurStar
may send you email communications such as administrative messages, service announcements,
and other notifications. You accept that such communications are considered part
of your membership, and you may be able to opt out of some, but not all of them.
Obligations for User Content and Conduct
By using the Site as a Member or a Guest, you are responsible for any information
including comments, notes, communications, messages, and other materials, that you
directly or indirectly post, transmit or upload (“your Content”). By
posting, uploading or providing information, you represent that you have the full
legal right to do so, and that use of the Content provided by you will not:
be illegal, or violate any law, statute, regulation, or intellectual property rights;
be offensive, hateful, defamatory, threatening, racially or ethnically offensive
or otherwise unfit;
contain any advertising, spam, virus, program, worm, or similar matter that adversely
interferes with the operation of the Website, or expropriate any system data or
personal information; or
result in breach of contract, product liability, tort, personal injury, death, or
property damage. Recognizing the international nature of the World Wide Web, with
respect to the above obligations (a), (b), (c), and (d), you agree to comply with
local rules and laws in your country of residence, regarding online conduct, transmission
of data and acceptable Content. You agree to hold harmless and indemnify UponOurStar
for any liability arising from your Content.
As a Member, Guest or visitor to the site, you or your agents/employees also agree
Reverse engineer, reverse assemble or otherwise attempt to derive source code from
the Site or any component of the Site;
Reproduce, copy, modify, sell, lease, aggregate, sublicense, market, or otherwise
commercially exploit the Site or its components;
Collect or store personal data about other users;
Impersonate any person or entity, or otherwise misrepresent your affiliation with
any person or entity;
Access any information or Content that is not accessible to the public other than
your personal account information;
Modify or alter UponOurStar Site contents;
Use the Site as a forwarding service to another website
While UponOurStar does not review all Content on the Site, you acknowledge that
we have the right to monitor any transmissions or activity. You hereby waive any
expectation of privacy within your Wish Registry activity and/or your Webpage. This
waiver does not include any personally identifiable information, as included in
any Content within the Site or on your Webpage, for any or no reason, in our sole
discretion, and without notice. UponOurStar also does not control and thus does
not guarantee the accuracy, integrity, or quality of the content posted or provided
on the site by Members or Guests. You understand that you may be exposed to Content
that is objectionable within Member Webpages, and you agree that UponOurStar will
not be liable for any Content, including but not limited to, errors or omissions
UponOurStar does not claim ownership of the Content you create and provide as a
Member or Guest. Upon submitting Content to the Site or any Webpage within it, you
grant UponOurStar a world-wide, royalty-free, perpetual, non-terminable, irrevocable,
and transferable license to reproduce, modify, adapt, publish, distribute and sub-license
the Content for the business, marketing and promotional purposes of UponOurStar,
all without any compensation to you whatsoever. This provision does not apply to
UponOurStar is not obligated to, but may make copies of Site’s Content. You
acknowledge that you are solely responsible for creating back-up copies for any
Content you provide to the Site. If you terminate your registration, your Content
will be deleted from the Site. However, we do not guarantee the removal of all traces
of the Content, and you accept that copies or derivatives of the Content may still
remain both on and outside of the Site.
Due to the nature of the Internet, transmission and processing through the Site,
its Webpages, or electronic mail, whether encrypted or otherwise, are not guaranteed
to be secure. You acknowledge that use of the Internet is at your own risk, and
that all relevant international, national, state and local laws and regulations
apply. You agree that UponOurStar will not be responsible for loss resulting from
failure of mechanical or electronic equipment or communication lines, telephone
or interconnect problems, unauthorized access, computer viruses, operator errors,
theft, severe weather, natural disasters, strikes or labor problems, wars, or governmental
Payment, Fees and Collecting Contributions
Payment & Billing
You can pay for a contribution to a registry via MasterCard, Visa or American Express.
If you choose to pay by American Express, you agree to pay an additional 1.0% on
the total Gift Amount to cover higher credit card processing fees charged by the
American Express company. Payment will be made in either US Dollars or Canadian
Dollars, which will be automatically selected based on your indicated country of
As a Guest, you acknowledge that the bride and groom determine the price of their
individual Wishes. UponOurStar is not responsible for the difference between the
actual price and the price represented by the Bride and the Groom of any wish.
There is no charge to Members to create a registry Webpage. Fees apply only if guests
contribute towards the registry, and are in place to cover all transactional, processing
and account servicing costs. These fees are divided into two portions to minimize
the cost to Members.
Members will have a 2.5% transaction fee (on the total gift amount) plus a $15 fixed fee deducted from their final Wish Registry funds. This 2.5% fee is in place to cover the costs charged by Credit Card companies and Merchant Gateways in order to process Guest credit card payments and to provide a secure payment gateway. The fixed $15 fee is in place to cover the cost of setting up a secure wire transfer of the Registry Funds into the Members bank account.
Guests will be charged a 6% transaction fee in addition to their cash gift to the Member. This fee is in place to cover Website and Webpage operating and hosting expenses; management of the Member account, webpage and website; customer service; and other business and marketing operating expenses. This fee is usually less than what the Guest would have paid in tax, shipping and wrapping on a traditional registry item.
Your Account & Collecting Your Money
As a Member, you will be able to collect your cash gift contributions, less fees,
once your wedding date has passed. Until your wedding date has passed and you request
to withdraw your funds, proceeds from Guest contributions towards a Member’s
Registry will be deposited in a non-interest earning UponOurStar account at HSBC
Bank. You acknowledge and agree that UponOurStar will manage the funds in the UponOurStar
account, including transfers to and from other UponOurStar accounts. Once you have
created your registry account and provided your wedding date, you may not and will
not be able to change it to an earlier date. To collect your Wish Registry cash
gifts, you must log into your account and provide accurate information for all required
fields within the Banking Information form, and also select a withdrawal date for
your cash funds. Your payment will be made to you in no more than one lump deposit
via wire transfer to your personal bank account. You acknowledge that in order to
collect the cash funds from your Wish Registry, you must have a personal bank account
into which the funds can be deposited. You understand and accept that bank deposits
are the only method through which UponOurStar will send moneys, for reasons of security
and traceability. Following your designated withdrawal date, we will initiate a
wire transfer within 5 business days, which may take up to another 5 business days
to be received in your bank account. UponOurStar does not guarantee when the funds
will be received. If you do not receive your total cash funds, less fees, within
14 business days of your withdrawal date, you must contact us immediately to resolve
You are responsible for providing accurate and complete banking and personal information.
If you provide incorrect or incomplete information for the wire transfer of funds,
and additional fees are charged by either of the sending or receiving banks as a
result of the information, a dollar amount equal to the additional fees will be
withheld from your final cash funds. As a Member, you must also notify UponOurStar
immediately if you perceive any discrepancy in the account statement available on
the MONITOR section of the Website.
We are not obligated to, but may contact Guests whose contributions exceed $500,
to check for credit card fraud. Such funds may be subject to escrow until the Guests
has provided confirmation of their contribution. In the case that a Guest disputes
or fails to resolve a credit card matter in relation to his/her gift to a Member,
for which we already remitted payment to the Member, UponOurStar reserves the right
to collect the amount in question from the Member’s account or from the Member,
personally, including keeping in escrow a dollar amount equivalent to the amount
in question until the matter is resolved.
UponOurStar does not make any claims or promises with respect to tax obligations
or consequences that may result from your use of this Site and Registry. You acknowledge
that we are not obligated to provide you with documentation or maintain records
of your transactions for tax purposes.
Third Party Sites, Resources and Links
UponOurStar may provide links to other websites or resources. You acknowledge that
we are not responsible for examining or evaluating, and we do not endorse the offerings
of, any of these businesses or individuals or the content of their Web sites. We
shall not be responsible or liable for the actions, product, and content of such
Websites, resources and other third parties. We also suggest that you read the privacy
policies of such third party sites and resources, as UponOurStar’s privacy
policy applies solely to information and content on this Site.
You agree to hold harmless and indemnify UponOurStar and its officers, directors,
agents, suppliers, employees and partners, from any third party claims, demands,
damages, liability or costs, including reasonable attorneys' fees, arising as a
result of your Content, your use of the Site, your Guests’ activities, your
connection to the Site, activities carried out by an individual using your login
or password, your violation of the Terms and Conditions, or your violation of any
rights of another, whether you are a registered user or not. You are solely responsible
for your actions when using the Site and its services, including, but not limited
to, costs incurred for Internet access.
Disclaimer of warranties and limitation of liability
Uponourstar.com and all information, materials, content and software made available
to you through this Site are provided by UponOurStar on an “AS IS”,
“WITHOUT ANY WARRANTIES”, and “WITHOUT ANY LIABILITY” basis.
The parties to these Terms and Conditions acknowledge and agree that this limitation
on liability is reasonable in the circumstances. UponOurStar and its officers, directors,
suppliers and agents, make no representations or warranties of any kind, express
or implied, as to the operation of this Site or the information, materials, content,
software or services made available to you through this Site. UponOurStar does not
guarantee the accuracy, timeliness, completeness or the quality of the site, services
or information provided on or through the Site or its services. You acknowledge
that the Site and its services may not be free of errors, and that the site will
not operate without interruptions. You expressly agree that your use of this site
is at your sole risk.
To the full extent permissible by applicable law, UponOurStar disclaims all warranties,
express or implied, including, but not limited to: implied warranties or conditions
of merchantability and fitness for a particular purpose; warranties against infringement
of any third party intellectual property or proprietary rights; warranties relating
to delays, interruptions, errors or omissions in the website or any part thereof;
warranties relating to the transmission or delivery of the website, and warranties
relating to the accuracy or correctness of data on the website. UponOurStar disclaims
the aforementioned warranties, without limitation, whether arising from usage, trade
practice, or a course of dealing. UponOurStar does not warrant that this Site or
its information, materials, Content, software, servers, or emails sent from UponOurStar
are free of viruses or harmful components. You agree that UponOurStar shall not
be held liable for any direct, indirect, incidental, special, exemplary, extra-contractual,
punitive or consequential damages arising out of or in relation to the use or misuse
of the Site or the services made available to you through the Site, including without
limitation: loss of data, loss of profits, interruption to business, loss of goodwill
or reputation, failure to achieve projected savings, or other pecuniary loss, whether
in an action of contract, civil liability, negligence, or other tortius action,
even if UponOurStar, its agents, suppliers, or any other party has been advised
of the possibility of such damages and such damages were deemed reasonably foreseeable.
You agree that if your event is cancelled, you will hold harmless and indemnify
UponOurStar from any claim by your Guests for a return of their gift contribution.
You acknowledge that UponOurStar can not be held responsible or liable for persons
who are not invited to your event, yet contribute to your registry. You also agree
to provide any cash received towards a charitable donation to the designated charity,
and you shall hold harmless and indemnify UponOurStar for any claim or controversy
raised by Guests or other parties, that you did not use their cash contributions
towards purchase of the stated item(s) or charity(ies).
Your sole remedy, if you are not satisfied with the Terms and Conditions of the
Site, is to discontinue use of the Site. You agree that if any part of this Limitation
of Liability is deemed unenforceable or invalid, that under no circumstances shall
the aggregate of UponOurStar’s liability exceed the fees paid by you to use
the Site’s services or, in the case that you have not paid any such fees,
By visiting uponourstar.com, you agree that the laws of Ontario and Canada, without
regard to principles of conflict of laws, will govern these Terms and Conditions
and any dispute of any sort that might arise between you and UponOurStar, as if
these Terms and Conditions were a contract entered into and performed in Toronto,
Ontario, Canada. Any dispute or claim relating to these Terms and Conditions or
the use of the Website will be subject to the exclusive jurisdiction of the courts
within the Province of Ontario, Canada, and the parties hereby consent to the exclusive
jurisdiction and venue of such courts.
This Terms and Conditions document constitutes the full agreement between a Member,
Guest, or visitor of the Site and UponOurStar, with respect to uponourstar.com and
its services. These Terms and Conditions supersede all prior and simultaneous communications,
whether electronic, written or oral, between the Member, Guest or visitor, and UponOurStar.
You acknowledge and agree that regardless of any law or statute to the contrary,
any claim or cause of action related to the Site, its services, or Terms and Conditions,
must be filed within one (1) year of such claim or cause of action arising, or be
forever barred. Legal notices and communications may be made through email or regular
mail. A printed copy of the Terms and Conditions and any notice provided in electronic
format shall be admissible in proceedings, whether judicial or administrative, relating
to this agreement. If any rights are not expressly granted within this document,
they are reserved by UponOurStar. Should any provision of these Terms and Conditions
or incorporated documents be found by a court of competent jurisdiction to be invalid,
the parties agree that the court should attempt to give effect to the parties' intentions
as reflected in the provision in question, and that all remaining provisions will
remain in full force and effect. UponOurStar reserves the right to seek injunctive
or other equitable relief, payment or enforcement of an award before any court having
jurisdiction over an issue that may arise between you and UponOurStar. Please note
that the section titles in the TOS are for convenience only and have no legal or
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. In such cases
and jurisdictions, UponOurStar, its agents and suppliers’ liability shall
be limited to the extent permitted by law.
UponOurStar is committed to protecting the confidentiality and privacy of our Members’
and Guests’ personal information. Our commitment to ensuring your privacy
treats personal information that it receives or collects. “Personal information”
is any information about you that personally identifies you, such as your name,
email address, phone number or home address, and that is otherwise not publicly
available. We do not consider any of your Content that you post to the Site to fall
within the definition of “personal information”, and as such, it is
to the collection and use of your Personal Information as outlined in this Policy.
You will find any changes to the policy in this section of this page, with the changes
being effective from the date that they are posted. If you disagree with the terms
policy does not include the content or practices of other websites or businesses
to which this Site is linked.
The Collection, Use and Disclosure of your Personal Information
UponOurStar may collect personal information, including but not limited to, your
name, email address, billing address, phone number, credit card information, and
bank information, when you register as a Member or make a purchase as a Guest. We
may also collect information about your wedding, including the wedding date, the
names and email addresses of your Guests, and information regarding your gift registry.
The information that we collect from you is used to create your Member account,
to provide or improve services, to identify and authenticate you, or to process
payments on the Site. UponOurStar does not sell or license your Personal Information
to third parties. Other than aggregated anonymous data, the Personal Information
that you provide to us is used and viewed only by UponOurStar.
Contact information that you provide may be used to communicate information with
you that relates to the Site and its services. Depending on your selected privacy
settings, such information may include, but is not limited to, your account information,
notifications regarding your account, emails with news relating to the Site, or
email newsletters. By posting any Content on your registry Webpage or another member’s
Webpage, you consent to the publication of that personal information. You also acknowledge
that you must seek out the appropriate consent of any other individuals, whose personal
information you choose to publish, as dictated by privacy laws, prior to posting
UponOurStar may, from time to time, collect and use Personal Information for other
purposes, in which situations the purpose will be identified to you at the time
that the information is being collected.
UponOurStar may disclose Personal Information to the following parties: (a) Contractors,
suppliers and third party service providers who are hired by UponOurStar to conduct
work for the Site and its services; (b) Legal, financial and other related advisors
for the purpose of managing, reorganizing or selling any or all parts of the business;
(c) Fraud investigation or Law enforcement agencies; or (d) any other third parties,
if the purpose is identified and approved by you at the time of collecting the information.
Your Email Address
To help manage your Wedding registry, UponOurStar will send you email notifications
and reminders so that you are up to date on the status of your contributions as
well as actions that need to be taken to maximize Guest contributions. We may send
other news or updates about your registry or the Site that we think may be of interest
to you, with an option to opt out at any time by selecting “unsubscribe”
at the bottom of any such email.
A cookie is a small amount of data, which often includes an anonymous unique identifier
on an individual basis, and to thus improve the Site experience for the user. Cookies
do not link to personally identifiable information while using the Site. UponOurStar
track of preferences that you specify in using the Site including your username
and password; (c) to collect information to improve the services provided on the
site; (d) to diagnose problems with the systems; and, (e) to estimate total audience
size and traffic.
Log Files and IP Addresses
Your IP address is not linked to any personally identifiable information. UponOurStar
uses IP addresses in order to administer the Site, understand and analyze general
user trends and movement, and to gather aggregated demographic information.
UponOurStar implements appropriate security measures and tools given the sensitivity
and importance of the information transmitted through the Site. By doing so, we
endeavour to protect against the loss, alteration and misuse of your important Personal
Information. Due to the nature of the Internet, and regardless of the rigorous security
measures, there is always a risk that such transmitted information may be intercepted
by unauthorized outside parties.
While most email notifications and reminders are automatically generated and fixed
aspects of your account membership, you may opt out of receiving some types of communication
from UponOurStar. If you no longer wish to receive such email communications, send
an email to firstname.lastname@example.org with “Unsubscribe” in the subject line.
As with all websites, UponOurStar is scanned and indexed by search engines. All
sensitive Personal Information such as your banking information, credit card numbers,
billing address, and contact information will not be scanned or displayed by any
search engine. However, if you do not want your names to appear in any search engine,
you should not include your full names on your Registry webpage. You may instead,
choose to display partial names, nicknames, or initials in substitution of first
of last names.
Termination and Suspension
You agree that UponOurStar, in its sole discretion, may terminate your account and/or
password, and remove any Content from your account or Registry Webpage, for any
reason, including the lack of use for more than 12 months, or if UponOurStar believes
that you have not acted consistently with the spirit of the Terms and Conditions.
UponOurStar may in its sole discretion and without notice to you, discontinue the
Site or any portion of it, terminate your account, terminate or suspend your access,
or deactivate your Registry Webpage, under any provision of the Terms and Conditions.
You acknowledge that if your account is terminated or suspended, any contributions
that will have been accumulated will be held in your account until your wedding
date has passed, and will be made available to you at that time. If your account
is terminated for reasons of non-compliance with the Terms and Conditions, UponOurStar
is not obliged to save any Content or information from your account or Registry
other than the total funds collected, and shall not be liable for the loss of such
Content and information. If UponOurStar is unable to identify or locate a Member
entitled to receive moneys accumulated within a Registry, the moneys will be considered
unclaimed money and treated as such according to appropriate laws.
Use and Storage of Data
UponOurStar may set limits on the use and storage of data on the Site. Such limits
may include, but are not limited to, the length of time that Member Content may
remain on the Site, and minimum or maximum levels of activity. You acknowledge that
UponOurStar may terminate, without notice, an account that has remained inactive
for extended time periods; and you accept that the Site will not be held liable
for the removal or deletion of Content from the Site or its Webpages. Our policies
and practices with respect to the use and storage of data may change at any time
and without notice to you.
Cancelled or Postponed Events
In the case that your Wedding is postponed or cancelled, you are obligated to notify
UponOurStar immediately by contacting us via email. You are solely responsible for
updating your Registry Webpage information such that it is accurate and current.
If your wedding is postponed, UponOurStar will update, upon notification, your Registry
Webpage with the revised date. Your account and Registry will continue to operate
as it had prior to the postponement, and you will be able to collect your total
cash funds after the revised wedding date has passed.
If your wedding is cancelled, and some guests have contributed to your Registry,
the collected funds will be made available to you after the originally planned wedding
date has passed. It is your sole responsibility to address any requests for refunds
by your Guests. You agree to hold harmless and indemnify UponOurStar from any claims
by your Guests for any failure to refund their contributions.
The Site and Site materials may only be accessed by individuals 18 years of age
or older, or by individuals between the ages of 13 and 18, with their parent’s
consent to be bound by these Terms and Conditions.
Additional Terms for registries based in Australia and the United Kingdom
Members who create registries and indicate that they are located in Australia or the United Kingdom, agree to the following additional terms of service. These do not exempt such members from all other existing Terms and Conditions.
Creating a registry
All items in your registry will be shown in either Australian Dollars (AUD) or Pounds Sterling (GBP), based on your selected home country.
Your guests will be shown all items in your registry in your selected home currency of either AUD or GBP. The subtotal amount will be calculated in your home currency. However, the final total amount will be charged to guests in United States Dollars (USD), which will be determined based on the day's foreign exchange rate. No additional foreign exchange conversion fees will be charged to you or your guests.
Collection of Funds
Until your wedding date has passed and you request to withdraw your funds, proceeds from Guest contributions towards a Member's Registry will be deposited in a non-interest earning United States Dollar denominated UponOurStar account at HSBC Bank. Following your designated withdrawal date, we will initiate a wire transfer within 5 business days, which may take up to another 5 business days to be received in your bank account. Your payment will be made to you in USD, which will be converted to your home currency at the time of receipt by your receiving bank. UponOurStar does not guarantee the exact date on which the funds will be received, nor does UponOurStar determine or guarantee the exchange rate and/or additional fees that your receiving bank may apply to the conversion of funds to your home currency.