1. Introduction

The provision of services (including prepaid phone data and/or traffic) ("Recharge") (“Refill”) ("Services") to you through the upreload.com website and any associated phone applications, whether current or future (collectively, the "Applications"), is subject to your acceptance of these terms and conditions ("Agreement"). By using the Applications, you expressly agree to be bound by the Agreement. You must read this Agreement carefully before accessing or using the Services and Applications. You should print a copy of this Agreement for future reference. If you object to any of the terms and conditions of this Agreement or any subsequent changes thereto, or are dissatisfied with your use of the Applications or Services in any way, you may: A) discontinue use of the Applications and/or Services; and B) terminate this Agreement and your virtual account ("Account") by providing us with written notice by email or otherwise (see contact information below).

2. Information about us

The Applications are operated and the Services are provided by Surestream Digital Ltd trading as UpReload ('UpReload', 'we' or 'us'). Surestream Digital is a company registered in England and Wales under number 09325114 with its registered office at St Stephens House, Arthur Road, Windsor, Berkshire, England, SL4 1RU, United Kingdom. All correspondence relating to any UpReload company should be sent to this address.

3. Contact details

Post: Surestream Digital, St Stephens House, Arthur Road, Windsor, Berkshire, England, SL4 1RU, United Kingdom

Email: help@surestreamdigital.com

Telephone number: +44 197 552 0947 (operational)

4. Registration

Upon your first purchase of a Refill, you will automatically be assigned a Services Account. There, you will be asked to provide personal information, including your email address or phone number, and financial information. You may also choose a password. All customer information you provide will be treated in accordance with our Privacy Policy. You agree that the information you provide when registering will be true, accurate, and complete. It is your responsibility to inform us of any changes to this information. You are entirely responsible for all activities that occur under your email address, phone number, and/or password ("Login Information") in connection with your Account, including any unauthorised use of your Account or any payment method, including debit or credit card. You must not disclose your password, directly or indirectly, to any third party. It is your responsibility to safeguard your password. If you become aware of any unauthorised use of your Login Information, you must immediately notify us using the contact information listed in Section 3 above. Login Information may only be used by a single user and is not transferable. Please note that Login Information may be used in all Applications. This Agreement applies to your use of the Services in any Application. You must be at least 18 years old to use the Services, or have the involvement and consent of a parent or legal guardian where permitted by applicable law. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorized to accept this Agreement on behalf of that employer, company, or entity.

5. User Data

UpReload is committed to complying with all applicable data protection laws regarding the Relevant Data it holds about you. The Data we collect as part of the Services will be treated in accordance with our Privacy Policy and Cookie Policy. These documents explain how we use and protect the information you provide. We recommend that you carefully read the Privacy Policy and Cookie Policy.

6. Use of the Services and costs

You will be required to enter certain information (e.g., a mobile phone number) relating to the Services in the Applications. It is your responsibility to ensure that you have entered the information correctly.
Before confirming your purchase, the total amount payable for the Top-up will be clearly displayed, including the Top-up value, any applicable taxes, and any service or processing fees.

• To enable the basic functionality of the Applications (strictly necessary cookies)
• To improve performance and understand how users interact with the Applications (analytics cookies)
• To personalise content and remember your preferences (functional cookies)
• To deliver relevant advertising and measure its effectiveness (marketing cookies)

Where required by law, we will ask for your consent before placing non-essential cookies on your device.

7. Activation procedure

When you purchase a refill on UpReload, we send the credit to the phone number you entered when you registered. If our provider encounters any issues during this process, you will be asked to verify and, if necessary, update the phone number you provided before attempting delivery again. If we are still unable to deliver the refill, your payment—including any service fees—will be automatically refunded, generally within about 30 minutes or, at the latest, within the next five business days.

Some refills on UpReload (depending on the phone network) require you to enter a PIN code with your network provider. Each network has its own method for applying PIN codes - this may be done by SMS, phone call, the operator’s website, or their phone app.

If a PIN is required, we’ll display it to you immediately after your purchase along with the relevant instructions. You must enter the PIN to add the credit to your phone account. Your credit will not be applied until the PIN has been entered successfully.

Customers using the "Automatic Refill" service, i.e., the periodic refill service, will receive a notification when a new refill is ready to be sent to your phone device. With any refills purchased directly on the UpReload website, the credit and activation process is automatic to improve the customer experience.

For any Automatic Refills (i.e. those refills automatically purchased via the “Auto Refill” subscription), the customer must manually activate the refill from within their account after purchasing/receiving the credit. This activation requires a simple step in which the customer must confirm, by clicking the appropriate hyperlink, the actual transfer of credit following the purchase. This measure is part of our broader security and fraud protections, helping to safeguard both your account and our service. Additionally, manual activation offers greater flexibility, allowing you to choose when the credit starts and helps prevent it from expiring. Once activated, the validity period of the credit depends on your phone operator's policies. For questions regarding credit already active on your phone account, please contact your operator directly for assistance.

8. Right of withdrawal (change of mind)

You have the right to withdraw from the Contract within 14 days from the date of purchase of a Top-up, without giving any reason.
To exercise your right of withdrawal, you must send us a clear statement of your decision to withdraw (for example, by email to support@upreload.com or by contacting Customer Service). To meet the withdrawal deadline, it is sufficient for you to send your communication before the 14-day period has expired.
If you validly exercise your right of withdrawal, we will reimburse all payments received from you in respect of the relevant transaction without undue delay, and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. Refunds will be made using the same payment method used for the original transaction, unless otherwise agreed.
However, by proceeding with a Top-up and requesting immediate delivery, you expressly request that the service begins immediately and acknowledge that you will lose your right of withdrawal once the Top-up has been fully performed.
A Top-up is considered fully performed once the credit has been successfully delivered to the designated mobile number or, where applicable, once the PIN code has been made available to you.

9. Refund Policy

If the first refill is unsuccessful, the amount paid by the user, including any processing fees, will be automatically refunded within approximately 30 minutes or, at the latest, within the next 5 business days. For subsequent refills, please contact Customer Service for prompt assistance. If the user has not received the refill but has not received an automatic refund, this indicates that our third-party provider has confirmed delivery. In such cases, the user can contact our Customer Service for assistance, available 24/7. The Company will carry out the appropriate checks and, if necessary, issue the refund. Refund requests are typically processed within 48 hours of receipt; additional delays may be due to technical issues, including those related to the user's credit institution. Refund times may vary depending on your payment provider, and UpReload is not responsible for delays caused by third-party financial institutions. As explained in Section 7, with refills purchased directly on the website, the crediting and activation process is automatic to facilitate the user's shopping experience. For Automatic Refills, the customer will be required to manually activate the refill from their account in order to use the purchased amount. If a refill remains unactivated within three (3) months of the date of issue, the customer has the right to request a full refund from Customer Service, including any processing fees. After this period, the customer may still contact Customer Service, who may grant an extension of the activation period for a further three (3) months. Without prejudice to the provisions of Article 8, if a refill is sent to an incorrect phone number due to inaccurate information provided by the user, no refund will be granted.

10. Automatic Recharge

UpReload offers an optional “Automatic Top-Up” service, which allows users to receive a recurring monthly Top-up for the amount selected during setup.
By activating Automatic Top-Up, you authorise UpReload to charge your selected payment method on a recurring monthly basis for the selected Top-up amount, together with any applicable fees, until you cancel the service. The date of the recurring charge will correspond to the date of your initial Top-up purchase (for example, if you purchase a Top-up on the 4th of the month, subsequent charges will typically occur on or around the 4th of each following month).
A reminder notification will be sent to you before each scheduled charge.
You may activate Automatic Top-Up through the Applications after completing your initial purchase. You may cancel Automatic Top-Up at any time via your Account settings or by contacting Customer Service. Cancellation will take effect before the next scheduled charge, provided that the request is made in sufficient time prior to the billing date.
Automatic Top-Up will continue on a monthly basis until it is cancelled by you.
If a scheduled payment cannot be successfully processed, UpReload may suspend or terminate the Automatic Top-Up service.
Once a Top-up has been successfully processed and either delivered or made available for activation, it is considered fully performed and is non-refundable, except where required by applicable law.

11.1 Eligibility and enrolment

To access the Premium Plan, users must enrol through the Applications and comply with any eligibility requirements communicated at the time of enrolment. By enrolling, you agree to the terms set out in this Section in addition to the rest of this Agreement.

11.2 Nature of the Premium Plan

The Premium Plan is a membership-based offering linked to the purchase of Top-ups. Depending on the specific offer presented to you, maintaining Premium benefits may require you to complete a qualifying Top-up purchase each month. The exact requirements will be clearly displayed at the time of purchase.
Unless explicitly stated otherwise, the Premium Plan does not constitute a fixed-term contract and does not obligate you to make future purchases. However, failure to meet any applicable monthly purchase requirements may result in suspension or loss of Premium benefits.

11.3 Benefits

Premium Plan benefits may include, but are not limited to:

• The removal of applicable service or processing fees on eligible Top-up purchases;
• Access to discounted eSIM or other digital products (for example, up to 50% off standard retail pricing);
• Eligibility for a promotional reward (such as a free Top-up) after a defined period of continuous participation.

11.4 Promotional reward conditions

Where the Premium Plan includes a promotional reward (such as a free Top-up after a specified period, e.g. 12 months), this will be subject to the following conditions unless otherwise stated:

• The user must maintain continuous eligibility for the Premium Plan for the full qualifying period;
• Any interruption, cancellation, or failure to meet applicable requirements (including qualifying purchases, if required) may result in the loss of eligibility for the reward;
• The reward is non-transferable, non-exchangeable, and has no cash alternative;
• Any additional terms, including validity periods or redemption conditions, will be communicated within the Applications.

11.5 Pricing and discounts

Where Premium Plan benefits include fee waivers or discounts, these apply only to eligible products and transactions as specified within the Applications. UpReload reserves the right to define which fees or products are included or excluded from such benefits.

11.6 Changes to Premium Plan

UpReload reserves the right to modify, suspend, or discontinue the Premium Plan, or any of its benefits, at any time for business or legal reasons. Any such changes will be communicated in accordance with Section 18 (Contract Variations).

11.7 Cancellation and termination

You may stop participating in the Premium Plan at any time by ceasing to meet the applicable requirements or by contacting Customer Service where applicable. Upon cancellation or loss of eligibility, Premium benefits will no longer apply. UpReload reserves the right to revoke Premium Plan access in cases of misuse, abuse, or breach of this Agreement.

11.8 Use of Premium Plan

Premium Plan benefits are provided for personal use only and may not be used for resale, commercial purposes, or any activity that constitutes misuse or abuse of the Services.

12. User instructions

The user must ensure that all instructions provided to UpReload through the Applications are accurate, complete, and truthful. In particular, the phone number to which any Refill is to be credited must be correctly identified. The user must ensure that the instructions sent for confirmation are correct, accurate, and truthful. All confirmed instructions are final and binding on the user. UpReload and/or its service providers assume no responsibility or liability for any consequences related to the user's provision of incorrect, inaccurate, or false information. The user is solely responsible for any consequences related to the failure to provide correct, accurate, and truthful information or to the failure to correct such inaccurate information prior to final confirmation.

13. Transactions using the payment method chosen by the user

You may purchase the Services using Visa, MasterCard, or any other payment method available in the Applications from time to time. Any credit card, debit card, or other payment method that may be used in the Applications must have a valid billing address and a valid issuing bank or other payment service provider. Upon receipt of a correct and complete request from you for the Services, UpReload will charge the payment method provided by you and forward an electronic request to the applicable third-party provider (e.g., mobile operator) to provide the Services in the amount transferred, for the benefit of the recipient designated by you. You authorize us to act on any instructions to charge the payment method provided by you through the Applications that are transmitted using your password and/or any other authentication/identity verification processes that may be required in connection with the Applications. We are not required to perform any additional authentication or identity verification measures other than those required by applicable laws or those we deem appropriate and sufficient to protect the security and maintain proper use of the Applications. All fees incurred after successful authentication or identity verification are your sole responsibility. UpReload assumes liability for the failure to perform or deficient performance of Services purchased through the Applications, subject to your compliance with this Agreement, proper use of the Applications as directed by us, and the absence of misrepresentation, fraud, or negligence on your part. Such liability, if incurred, will be strictly limited to the amount of the Services not performed or deficient. You confirm that you are authorised to use the selected payment method and that all payment details provided are accurate.

14. Promotions

From time to time, UpReload or its partner phone operators will offer promotions in the Apps. These promotions will be subject to additional terms and conditions, and such terms and conditions (including the closing date of any promotion) will be clearly displayed in the Apps. UpReload is not responsible for promotions offered by partner phone operators, and you should direct your requests directly to the applicable phone operator before taking advantage of such promotions and relying on the terms and conditions of such promotions. You agree to take advantage of any promotion in good faith and not to misuse the promotional codes provided.

15. User obligations

The equipment and devices required to access the Applications will be provided and maintained by you solely at your own expense. If you access the Applications via a phone device, your phone service provider may charge you for Internet access on your device. We reserve the right to change equipment and software requirements as necessary to continue or improve the provision of Services through the Applications. You acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorized use of the Applications and harm to you, UpReload, or others; therefore, you must strictly comply with the terms and conditions of this Agreement. To the maximum extent permitted by law, you will be responsible for any liability, loss, cost, or damage to UpReload or any third party arising from your failure to comply with this Agreement.

16. Third-party services and information

Some of the Services that may be offered for sale through the Applications or other services UpReload may offer to you may be submitted, created, provided, or developed by third parties. UpReload will not verify the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. You should direct your inquiries directly to the applicable third-party provider before relying on third-party information or transacting in connection with third-party products and services referenced in the Applications.

17. Termination of the Contract

This Agreement applies to all Services purchased by you through the Applications. We may terminate this Agreement, deactivate your Account, and revoke your use of the Applications and/or Services provided through this Agreement: (i) upon reasonable notice to you; (ii) immediately upon your breach of this Agreement or if we believe you have breached this Agreement; (iii) immediately upon your insolvency/bankruptcy or inability to pay amounts due, whether or not established by a valid formal legal claim, or other contractual inability. We reserve the right to initiate debt collection actions to the fullest extent permitted by law under these terms; (iv) immediately if we reasonably believe that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any way that encourages, promotes, facilitates, or directs others to engage in, any illegal, fraudulent, offensive, violent, immoral, or indecent activity; or (c) in violation of any number or amount limits established by us from time to time. This Agreement has no minimum or limited duration and will continue to be binding on the parties until terminated. You may terminate or cancel the Agreement at any time and without cause by giving us written notice, without prejudice to your liability for any outstanding debts in any Account or otherwise prior to the termination date. We reserve the right, acting reasonably, to refuse to process or cancel any transaction following termination of this Agreement or suspension or revocation of the Services. We are not responsible for any losses you incur as a result of unprocessed transactions within the Services following termination of the Agreement or any suspension or revocation of the Services.

18. User Contributions

If you send us feedback, suggestions, ideas or other materials in connection with or through the Applications or Services provided, you agree that we may use, reproduce, publish, modify, adapt and transmit the communication to others free of charge and without restriction, subject to the obligations set forth in the Privacy Policy.

19. Contract Variations

We reserve the right to modify, amend, or vary this Agreement for business or legal purposes. Such changes will be effective and binding on you fourteen (14) days after we send you notice of such changes by any of the following means: by mail, by email, or by posting a message on the Applications. You will have the right, after receiving notice of any changes to this Agreement, to terminate the Agreement by giving us written notice, but this will not affect any rights or obligations that arose prior to the termination date, including liability for any indebtedness on any Account or any other obligations, financial, legal, or otherwise, that arose prior to the termination date. If any changes materially affect your rights or obligations, you will have the right to terminate the Agreement without penalty before such changes take effect.

20. Communications

Except as expressly provided, any communications you provide to us in connection with this Agreement may be sent by post or email (see Section 3). With your consent, we may contact you from time to time to keep you updated on our Services, including new products, campaigns, and promotions. For more information, please see our Privacy Policy.

21. Links to other sites

Your access to and use of the Applications is at your own risk, and we do not represent or warrant that use of the Applications or any materials downloaded from them will not cause damage to property, including, but not limited to, loss of data or computer virus infection. Certain pages within the Applications may contain links to websites or Applications not created or operated by UpReload. You are hereby informed and appropriately advised that when you access other websites or Applications through such links, the terms and conditions, benefits, and privacy policies provided by our Applications do not apply, and you must be aware of and comply with the requirements of such independently operated websites or applications. We are in no way responsible for the content, availability, or use of such linked websites, and you agree that you access such links entirely at your own risk.

22. Intellectual property rights

For the purposes of this Agreement, "Intellectual Property Rights" means all copyrights, patents, registered and unregistered trademarks, registered and unregistered design rights, database rights and topography rights, and other intellectual property rights, all rights to bring actions for passing off, all rights to seek protection for any of the foregoing rights, and all other forms or protections of a similar nature or having equivalent or similar effect to any of these rights that may exist anywhere in the world. You may only download, use, view, and display the Applications (and the Intellectual Property Rights therein) solely for use of the Services and in accordance with the terms of this Agreement. Unless otherwise specified, the Intellectual Property Rights and content of the Applications are owned by UpReload or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the content of the Applications (including any graphics or trademarks) in any form is prohibited without the prior consent of UpReload, except that UpReload authorizes you to print or download for personal, non-commercial use. We own all Intellectual Property Rights in the words "UpReload" and any associated logos. UpReload also owns all Intellectual Property Rights in the domain names upreload.com and affiliated sites. UpReload takes cyber-squatting very seriously. Please report any suspected incidents to help@surestreamdigital.com.

23. Suspension of Services

In the event of any interruption or failure, unavailability, defect, or malfunction of, or in connection with, any product or system used in connection with the Applications or Services, or where there is an actual or potential security risk, we reserve the right, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for a reasonable period of time necessary to remedy, address, or resolve the issue. We may also suspend access to the Applications and/or your Account and/or the Services as required for maintenance (emergency or planned) or updates. Without prejudice to our rights, you further agree and acknowledge that access to the Applications and/or your Account and/or the Services may be immediately suspended if we reasonably believe that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any way that encourages, promotes, facilitates, or directs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity; or (c) in violation of any number or amount limits established by us from time to time. In the event of suspension, we may reinstate access to your Account and resume providing the Services to you at our sole discretion.

24. Force majeure

We will not be held liable or in breach of any of our obligations under this Agreement for any failure to perform any of our duties or obligations under this Agreement resulting from acts of God, fire, acts of government or state or other third parties, war, civil commotion, insurrection, embargo, inability to communicate with third parties for any reason, failure of any computer or network or settlement system, failure or delay of any telephone network, impediment or hindrance to obtaining traffic, energy or other supplies, labor disputes of any nature, late or incorrect payment by an agent or for any other reason (whether or not similar to any of the foregoing) beyond UpReload's control.

25. Security, maintenance and availability

You acknowledge, consent, and agree that electronic communications, the Internet, telephone lines, or SMS-based telecommunications may not be secure and that communications via such means may be intercepted by unauthorized persons or misdelivered. Therefore, we cannot guarantee the privacy or confidentiality of communications via such means, although you (and your service providers) will ensure that they take appropriate security measures to protect these communication methods. From time to time, it may be necessary or desirable for security, maintenance (emergency or planned), updates, or other reasons:

• make some or all of the Applications or Services unavailable to you; and/or
  
• delay the implementation of new Services; and/or
  
• recall, replace, or reissue the user's password; and/or
  
• modify the authentication procedures or processes for accessing the Applications or Services, while making every effort to minimize the inconvenience caused.
  

You acknowledge and agree that these events may occur and that UpReload assumes no liability in the event of such events. If we change the authentication procedures for accessing the Applications or the Services contained therein, regardless of any other term of this Agreement, we may introduce such procedures by providing instructions to you through the Applications for which such procedures are introduced.

26. Agency and assignment

You agree that you have entered into this Agreement for your benefit and not for the benefit of any other person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.

27. Limited liability

UpReload assumes no responsibility for the use of the Applications and/or Services in connection with any unauthorized, illegal, fraudulent, offensive, violent, immoral, or indecent activity.
Nothing in this Agreement excludes or limits any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for failure to provide services with reasonable care and skill.
To the maximum extent permitted by law, UpReload, its directors, employees, officers, or agents shall not be liable for any indirect, incidental, special, or consequential loss or damage, including (without limitation) loss of income, loss of profits, loss of data, or loss of goodwill, arising out of or in connection with your use of the Applications or Services.
UpReload shall not be liable for any failure or delay in the performance of the Services where such failure is attributable to third-party service providers, including mobile network operators, payment service providers, or technical infrastructure outside our reasonable control.
Subject to the above, where UpReload is liable to you for any direct loss arising from the provision of the Services, such liability shall be limited to the total amount paid by you for the relevant Top-up or Service giving rise to the claim.
The Applications and Services are provided on an “as available” basis, and we do not guarantee that they will be uninterrupted, error-free, or free from technical issues.

28. Applicable law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by the laws of England and Wales.
If you are a consumer, you may bring legal proceedings in relation to this Agreement in the courts of your country of residence. Nothing in this Agreement shall limit any rights you may have under mandatory consumer protection laws of your country of residence. If you are not a consumer, the courts of England and Wales shall have exclusive jurisdiction.

29. Severability

If, at any time, any provision of this Agreement (or part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that will not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).

30. Waiver

Any waiver of a breach or default by you of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision; further, any delay or omission by us in exercising or asserting any right, power or privilege shall not be deemed a waiver of any breach or default by you.