Terms of Use
  1. Introduction
    1. This website, www.upstream.money (“Website”) and the Upstream mobile application (“App”) and/or any online/digital platform [together referred to as “Sites”] provide information about Upstream and our services and products and services (“Services”) offered by our subsidiaries, holding companies, associated companies, and business partners from time to time and may also allow you to request Services from us.
    2. The Sites are owned and operated by Upstream (Pty) Ltd Registration Number 2022/598037/07) a private company registered in the Republic of South Africa.
    3. Consumer Protection Act (CPA): Please read these User Terms carefully. Certain terms (indicated in bold) limit our liability or risk or place liability or create risk on you, require you to indemnify us, or are an acknowledgment by you. Nothing contained in these User Terms is designed or intended to remove away or diminish your rights in terms of the CPA.
  2. Binding agreement
    1. These User Terms govern and are valid, binding, and enforceable against any person who enters, visits, accesses, and/or uses the Sites and/or uses the Services through a Site (“User”/” you”/ “your”).
    2. The Sites and Services to the extent that they are offered through the Sites may be referred to herein together as the “Online Services”.
    3. When you enter, visit, access, and/or use the Sites and/or use the Services through a Site you are agreeing to comply with and be legally bound by these User Terms, and you provide your express consent for your personal information to be dealt with on the terms of our Privacy Policy, even if these User Terms are wholly or partly in the form of a data message.
    4. You agree specifically that:
      1. The User Terms will be treated as if they were concluded at Upstream's physical address detailed below on the date on which you first accessed the Site;
      2. An electronic signature is not required by you or Upstream for purposes of agreeing to these User Terms. You agree that by visiting, accessing, and/or using the Sites this will be sufficient evidence of your agreement to these User Terms.
    5. If you do not agree to be bound by these User Terms, you must leave the Site as further use will automatically bind you to these User Terms.
    6. These User Terms apply when you visit a Site for the first time and throughout your use of the Sites and Online Services. These User Terms apply regardless of whether you use the Services.
    7. The latest version of these User Terms applies each time you visit the Sites.
    8. We may amend these User Terms at any time. The version applicable to your contract is the version which is posted on the Website at the time you access, browse, view or use the Sites. Each time you use the Sites, you should check the User Terms to ensure that you agree to them in their current form. Your continued access to or use of the Sites and the Online Services after amendments are made to the User Terms will be deemed to be your consent to be bound by the User Terms, as amended. If You do not agree to the amended or updated User Terms, you must stop using the Sites.
    9. We may immediately terminate these User Terms with respect to you, or generally cease offering or deny access to the Sites or any part thereof, at any time for any reason.
    10. The Sites and Content have not been compiled to meet your individual requirements, and it is your responsibility to satisfy yourself that the Content available from and through the Sites meets your requirements and is compatible with your device, computer hardware, and/or software.
    11. Information, ideas, and opinions expressed on the Sites should not be regarded as professional advice or the official opinion of Upstream. You should obtain professional advice, where applicable, before acting on the information, ideas, or opinions expressed on the Sites or using the Services.
    12. Please note that the User Terms stated in this document refer to the use by you of the Sites and are separate from and in addition to any commercial agreement concluded between you and Upstream or any other third party pursuant to the use of the Sites.
  3. Content
    1. Upstream provides information, text, graphics, data, documents, intellectual property, material, products (including software) contained in, accessed through, appearing on, uploaded to, downloaded, or obtained from the Sites (“Content”).
    2. The Content provided on the Sites is for information purposes only and should not be considered an offer or advice.
    3. While we make every effort to update the Content provided on the Sites on a regular basis, we make no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of any Content.
    4. You shall have no claim against Upstream for any interruptions or accuracy or reliability of the Content.
    5. We reserve the right at any time to change or discontinue without notice any aspect or feature of the Sites, any Content, and/or any Services offered.
  4. Use of the Site and Online Services
    1. Before you can use our Online Services, you may have to register with us as a user on the Sites, and we must accept your registration. We may accept or reject your registration at our sole discretion (in our own judgment) without giving reasons.
    2. Separate terms and conditions apply to specific Online Services which we or Upstream Affiliates offer. You can read these at the section of the Sites where the relevant Online Services are provided. If there is any difference between these User Terms and the specific terms and conditions of any Online Services, those specific terms and conditions will apply.
  5. Online applications
    1. Where you apply for Online Services, by completing an online application form, you are inviting us to engage with you in order to ascertain whether or not you qualify for our services. However, please note that you may need to meet our minimum qualifying criteria before we will provide any Online Services to you.
    2. We have no obligation to complete an agreement with you, and you have no right to demand Online Services because you completed an application.
    3. If your application is unsuccessful, we will advise you, and you will have no claim against us whatsoever.
    4. We may cede, transfer, or otherwise dispose of your rights under your application and these User Terms and conditions and all documents incorporated therein to any third party.
    5. You warrant that the statements, particulars given, and questions answered in the application are truthful, honest, complete, and accurate in all respects, and any person interested in the Online Services or any part thereof, now or in the future, may rely upon the truth and accuracy of the information provided by you. If there are any other material facts that you believe and/or know could influence our assessment of and decision regarding an application, you must advise us as part of your application.
    6. We collect and use the personal information that you give to us in the application for the purpose of assessing your eligibility for the Online Services in any manner required. You acknowledge and agree that the information provided to us in your application and the verifying may, subject to any law to the contrary, be used for any purpose that is necessary and/or incidental to the assessment of the application. Such use includes the transfer of any information you have provided to us to Upstream Affiliates and other companies who facilitate the provision of the Online Services as well as companies (such as credit bureaus) who may verify and confirm your identity and creditworthiness;
    7. You consent that Upstream may access transactional or banking data from relevant sources in any format (including pdf, xml, or raw data string) for as long as you are applying for Online Services from Upstream and for the duration of the use of any applicable Online Services and future offers. You are able to withdraw this request at any time where reasonable.
  6. Authority
    1. You cannot legally conclude a binding agreement unless you are 18 (eighteen) years of age or older and of full legal capacity. By using the Online Services, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
    2. You agree and confirm that you are authorized to access, make purchases or payments, and/or make changes to any account, Personal Information, and associated profile settings on any of the Online Services available to you.
    3. If you are not the account holder and/or are not authorized to make use of the relevant Online Services, you declare that you have obtained the necessary consent for access to and/or to make changes to the relevant accounts, Personal Information, profile settings, as well as make purchases and payments, and that we are entitled to rely on this declaration.
    4. It may be required of you to update your personal details to continue using certain functions of the Online Services. You agree and confirm that you are the authorized person to use the details that you are registering/logging-on with and the information provided to Upstream is accurate and your own personal details. If the Personal Information provided to Upstream is not your information or is incorrect, Upstream will not be held liable in any way. If Upstream establishes that the intention of using incorrect and/or false Personal Information is to conduct fraud or malicious activities on this portal, you will be criminally prosecuted as per current legislation.
  7. Disclaimer
    1. Upstream provides the Sites and Online Service "as is" and it makes no warranty as to the use, availability, or performance of the Sites and Online Services.
    2. You use the Sites and Online Services at your own risk and assume full responsibility for any risk or loss resulting from the use of the Sites and/or Online Services or reliance on any information on the Sites. You should, therefore, use your discretion before taking any action based on the information displayed on the Sites.
    3. Whilst every reasonable effort has been made by Upstream to ensure the proper performance of the Sites and the accuracy, completeness, or reliability of the Content, Upstream (including its owners, directors, employees, suppliers, Internet service providers, partners, Upstream Affiliates, agents, and authorized representatives) makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Sites or Online Services or as to the accuracy, completeness, or reliability of any Content on the Sites and assumes no liability or responsibility for the proper performance of the Sites. As such, Upstream does not warrant that the Sites and Online Services will meet your requirements, be uninterrupted, complete, timely, secure, or error-free.
    4. In addition to the disclaimers contained elsewhere in these User Terms, Upstream makes no warranty or representation, whether express or implied, that the Content available on the Sites is free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize, or otherwise impede in any manner the operation, stability, security functionality, or content of your computer system, computer network, hardware, or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Upstream, its owners, directors, employees, suppliers, Internet service providers, partners, Upstream Affiliates, agents, and authorized representatives.
    5. The Sites may contain hyper-links to third-party sites. Upstream is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Upstream of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.
  8. Limitation of Liability and Indemnities
    1. To the full extent permitted by law, you indemnify and hold Upstream (including its owners, directors, employees, suppliers, Internet service providers, partners, Upstream Affiliates, agents, and authorized representatives) ["Indemnified Parties"] harmless against all and any loss, liability, actions, suits, proceedings, costs, demands, and damages which arise directly or indirectly out of a breach of the terms of these User Terms by you or arising out of or in connection with the failure or delay in the performance of the Sites or Online Services or your use of the Sites and Online Services (including direct, indirect, special, or consequential damages), and whether in an action based on contract, negligence, or any other action, or the use of the Sites and Online Services, other than in respect of losses caused by Upstream's gross negligence or intentional misconduct.
    2. Without affecting the generality of clause 8.1 above, Upstream and the other Indemnified Parties shall not be liable to you for any breach of these User Terms or failure to perform any obligations as a result of technical problems relating to the Upstream network, termination of any license to operate or use the Upstream network, act of God, government control, restrictions or prohibitions, or other government act or omission, whether local or national, act of default of any supplier or service provider, agent or sub-contractor, industrial disputes, or any other cause beyond Upstream's reasonable control.
    3. Upstream reserves the right to hold you liable for any losses suffered by it or its customers due to a cybercrime committed by you on any of the Sites or in the use of the Services.
  9. Restrictions on use
    1. We grant you a limited license to use the Sites.
    2. You may only view, download, and print the Content for lawful purposes and for your own private and personal use in accordance with the limitations and/or restrictions contained in these User Terms.
    3. You warrant that you shall not:
      1. use the Online Services for commercial and non-private purposes;
      2. use the Online Services to receive or transmit material which is in violation of any law or regulation, which is hate speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
      3. use the Online Services for "spoofing", "hacking", "flaming", "cracking", "phishing", or "spamming";
      4. remove any copyright, trademark, or other proprietary notices from the Sites or any portion thereof;
      5. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Sites;
      6. decompile, reverse engineer, or disassemble any part of the Sites except as may be permitted by applicable law;
      7. link to, mirror, or frame any portion of the Sites;
      8. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Sites or unduly burdening or hindering the operation and/or functionality of any aspect thereof;
      9. attempt to gain unauthorized access to or impair any aspect of the Online Services in respect of related systems or networks;
      10. use any technology to search and/or gain information from the Online Services;
      11. apart from good faith search engine operators and use of the search facility provided on the Sites, attempt to use any technology or other apps (including web crawlers, robots, or web spiders) to search, collect, or copy content from the Sites for any purpose whatsoever, without the prior written consent of C-Connect; or
      12. intercept any information transmitted to or from Upstream or the Online Services which is not intended by Upstream to be received by you.
    4. If you use Content from the Sites in breach of these User Terms:
      1. Upstream shall be entitled to claim damages from you and to institute criminal proceedings against you;
      2. Upstream shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of Content by you or any third party who obtained any Content from you in contravention of these User Terms, and you hereby indemnify Upstream accordingly.
    5. You must be satisfied that you lawfully access and use the Sites and Online Services and/or act upon the Content contained in the pages, and Upstream accepts no responsibility for your unauthorized access or actions in respect of these matters.
    6. Hyperlinks to the Online Services from any other source shall be directed at the Upstream home page.
    7. E-mail addresses, names, telephone numbers, and fax numbers published on the Sites may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Sites may be used to communicate unsolicited communications to Upstream, its owners, directors, employees, suppliers, Internet service providers, partners, affiliates, agents, and authorized representatives.
  10. Intellectual property rights
    1. All intellectual property on the Sites and all the rights contained therein, including but not limited to content, trademarks, trading styles, trading name, trade secrets, know-how, emblems, symbols, and logos, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons, models, and hyperlinks (whether registered or not) and whether now existing or which come into existence in the future are the property of or are licensed to Upstream and/or the Upstream Affiliates and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Sites are expressly reserved and all and any unauthorized use thereof is expressly prohibited.
    2. Where any part of the Online Services (including any of the materials, services, and/or goods) has been licensed to or by an Upstream Affiliates or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such terms and conditions.
    3. The word or mark "Upstream," however represented, including stylized representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the trademarks of Upstream or one of its affiliated companies.
  11. Network Access and Devices.
    1. It is your responsibility to acquire and maintain, at your own expense, the necessary devices, data, computer hardware, software, communication lines, and internet access accounts required to access the Internet, the Online Services, and/or download content from the Sites.
    2. You are responsible for obtaining the data network access necessary to use the Sites and Online Services.
    3. Your mobile network’s data and messaging rates and fees may apply if you access or use the Sites and Online Services from a wireless-enabled device. You will be responsible for those rates and fees.
    4. We do not guarantee that the Sites and/or Online Services will function on all hardware or devices.
    5. The Sites and Online Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications which we cannot take responsibility for.
  12. Password/Pin for Access to Online Services
    1. You will be responsible to keep your password/pin secure and warrant that no other person shall use the Online Services using your password/pin. You accept all liability and indemnify Upstream in the event that the password/pin is disclosed to a third party.
    2. You are responsible for ensuring that no unauthorized access to the Online Services is obtained using your password/pin, and you will be liable for and indemnify Upstream in respect of all such activities conducted pursuant to such use, whether authorized or not.
    3. You must immediately notify Upstream in writing if the secrecy or confidentiality of your password is compromised or if your password is disclosed to any unauthorized person, such notification may be addressed to support@upstream.money.
  13. Personal Information and Security
    1. When you visit, access, and/or use the Site and/or Online Services, you will be agreeing to and be bound by our Privacy Policy https://app.upstream.money/privacy-policy/ which explains how we process your Personal Information.
    2. Upstream has implemented technology, policies, and processes aimed at protecting the confidentiality, integrity, and availability of your Personal Information. We will update and refine these measures on an ongoing basis. Please note that Upstream cannot be responsible for the privacy policies and practices of other sites you may access using links from this Site. We recommend that you check the policy of each site you visit and that you contact that specific organization if you have any concerns or questions. Please be aware that internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching this site. Upstream, therefore, assumes no responsibility or liability of any nature whatsoever for the interception or loss of Personal Information beyond our control.
    3. Upstream does not distribute any of your Personal Information to third parties; unless it's required to deliver Online Services requested by you. In addition, Upstream will not sell your Personal Information to third parties unless you give us your specific permission to do so. In addition, Upstream may be obligated to disclose Personal Information to meet any legal or regulatory requirements of applicable laws or for other legitimate purposes.
    4. Upstream reserves the right to amend or modify its Privacy Policy at any time in response to new privacy legislation.
    5. Monitoring or recording of your calls, e-mails, SMS's or WhatsApp may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of marketing and improving the Online Services.
    6. You agree that Upstream may, to the full extent permitted by law, receive or disclose your Personal Information, documents, detailed call records, credit profile information, and/or any other credit information from or to any of Upstream Affiliates, related entities, suppliers, agents, professional advisors.
    7. You agree and consent that as a User, you may be contacted by Upstream in respect of its direct marketing campaigns related to the Online Services on the basis set out in the Privacy Policy.
  14. Cookies and Similar Technologies
    1. Upstream may store some information (commonly known as a "cookie") on your computer when you visit our Website. This enables Upstream to recognize you during subsequent visits. The type of information gathered is non-personal (such as the IP address of your computer, the date and time of your visit, which pages you browsed, and whether the pages have been delivered successfully). Apart from merely establishing basic connectivity and communications, Upstream may also use this data in aggregate form to develop customized services - tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using) to be prompted before accepting any cookies or to prevent your browser from accepting any cookies at all. This will, however, cause certain features of the Website not to be accessible.
    2. We may process your Personal Information by our use of Cookies and similar technologies.
  15. Hyperlinks to Third Party Sites
    1. In the event that the Online Services contain hyperlinks to third party sites not controlled by Upstream, Upstream is not responsible for the content of, or the services offered by those sites. The hyperlinks are provided solely for your convenience and should not be construed as an express or implied endorsement by Upstream thereof.
    2. You access such third party sites and use their products and Services at your own risk and indemnify Upstream against any loss, liability, or damage that may result from the use of content from such links.
  16. Security
    1. Upstream shall take all reasonable technical and organizational steps to secure the content of the Websites and Apps and the Personal Information provided by and collected from Users, from unauthorized access and/or disclosure. However, Upstream does not make any warranties or representations that content shall be entirely safe or secure.
    2. You shall not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots, or spyware, to the Sites or the server and computer network that support the Sites.
    3. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Sites, whether on purpose or negligently, shall, without any limitation, indemnify and hold Upstream harmless against any and all liabilities, damages, risks, and losses that Upstream and its business partners, customers, or affiliates may suffer as a result of such delivery, attempt, or damaging code.
    4. You shall not develop, distribute, or use any device or program designed to breach or overcome the security measures of the restricted pages, products, and Services on the Sites, and Upstream reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use, and distribution of such devices or programs.
    5. Users who commit any of the offenses detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction, or damages suffered and/or incurred by Upstream and its business partners, customers, or affiliates due to or related to these illegal actions.
  17. Electronic Communications
    1. You agree and warrant that:
      1. data messages (e.g., WhatsApp, SMS, and email) that are sent to Upstream from a computer, IP address, or mobile device normally used by or owned by you were sent and/or authorized by you personally;
      2. electronic signatures, encryption, and/or authentication are not required for valid electronic communications between you and Upstream; and
      3. when you send an email or message through the Sites to us, it is deemed to have been received when we reply to the message. An auto-response from a Site is not regarded as a reply;
      4. when we send an email to you, it is deemed to have been received when you are capable of downloading the email.
      5. Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
      6. Upstream is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
      7. Whilst Upstream does employ virus filtering, it provides no guarantees or warranties that the electronic communication is virus-free.
  18. Further Disclosures required by Section 43 of the ECT Act
    1. The full name and legal status of the Online Services owner: Upstream Money (Pty) Limited, Registration No 2022/598037/07, a private company duly registered and conducting business according to the laws of the Republic of South Africa;
    2. Address (including for receipt of legal service): 105 Corlett Drive, Melrose, Johannesburg, 2196;
    3. Main business: Consumer Services;
    4. The website address of Upstream’s website is: https://www.upstream.money;
    5. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to the Sites; the inability to access the Sites, the Online Services, and content available from the Online Services and these User Terms, shall be referred to Upstream.
    6. You may lodge complaints concerning the Sites or Online Services with Upstream at support@upstream.money.
    7. PAIA: the manual published in terms of Section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Website.
  19. General
    1. The clause headings in this document have been inserted for convenience only and not for interpretation purposes.
    2. Hyperlinks herein to legal documents should be deemed part of these User Terms in terms of section 11(3) of the ECTA. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these User Terms.
    3. References herein to the singular include the plural and vice versa.
    4. These User Terms will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
    5. These User Terms are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
    6. Our failure to exercise any particular rights or provision of these User Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
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