1. Introduction

The provision of services (including prepaid mobile data and/or traffic) ("Recharge") (“Top up”) ("Services") to you through the upreload.com website and any associated mobile 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 Top-up, 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. If you are under 16, you represent that you have obtained the consent of a parent/guardian and that the parent/guardian has reviewed and accepted this Agreement before using the Applications. 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 agree to use the Applications and Services only in accordance with the terms and conditions of this Agreement and to comply with applicable laws and the provisions of this Section 6. You may not use the Applications or Services: (i) in violation of any law, statute, rule, or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral, or indecent activity; or (iii) in any way that encourages, promotes, facilitates, or directs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services will be provided to you only by UpReload in connection with the mobile operators and service providers available in the Applications (which are subject to change and availability). 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. If you top up, you will then need to select the amount you wish to top up. The total amount you will pay for purchasing a Top-up, including all applicable taxes, fees, and charges, will be clearly displayed during the purchase process and before you confirm your intention to proceed with the purchase. For a Top-up, the total cost will depend on: 1) the amount selected from those available in the Apps; and 2) any applicable service fee, which will be expressly indicated before the transaction is confirmed. If an exchange rate is applied, the final amount may vary from the indicated amount due to fluctuations in the payment processor's exchange rate at the time of settlement. Finally, if you choose to send an optional SMS to the Top-up recipient, an additional fee may be charged. This fee will be included in the total price and made available before the purchase is completed.

7. Activation procedure

When you purchase a top-up 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 top-up, 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 top-ups on UpReload (depending on the mobile 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 mobile 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 mobile account. Your credit will not be applied until the PIN has been entered successfully.

Customers using the "Automatic Top-up" service, i.e., the periodic top-up service, will receive a notification when a new top-up is ready to be sent to your mobile device. With the first top-up purchased through UpReload, the credit and activation process is automatic to improve the customer experience. For subsequent top-ups and for Automatic Top-ups, the customer must manually activate the top-up from 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 to top up and which number to send it to if you have multiple numbers linked to the same account. Once activated, the validity period of the credit depends on your mobile operator's policies. For questions regarding credit already active on your mobile account, please contact your operator directly for assistance.

8. Right of withdrawal (change of mind)

The user is granted the right to withdraw from the Contract within 14 days of purchasing the top-up, without having to provide any reason and free of charge. To exercise the right of withdrawal, the user must send an explicit declaration of their decision, which can be sent to the following email address: help@surestreamdigital.com or by contacting our Customer Service directly, available 24/7. The user may not exercise the right of withdrawal if the performance of the service has already begun, i.e., if the top-up credit has been activated and applied to the user’s mobile phone. If the user has exercised their right of withdrawal within the terms and conditions prescribed by law, Surestream Digital Limited will refund the relevant amount. The refund will be made using the same payment method chosen by the user for the initial transaction.

9. Refund Policy

If the first top-up 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 top-ups, please contact Customer Service for prompt assistance. If the user has not received the top-up 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. As explained in Section 7, with the first top-up, the crediting and activation process is automatic to facilitate the user's shopping experience. For subsequent top-ups, and for Automatic Top-Ups, the customer will be required to manually activate the top-up from their account in order to use the purchased amount. If a top-up 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 top-up is sent to an incorrect mobile 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 automatically receive a monthly top-up of their phone credit for the amount selected during setup (for example, if a user tops up $10, plus fees, on the 4th of the month and activates the Automatic Top-Up feature, their payment card will be automatically charged on the 4th of the following month for an additional $10 top-up, plus fees). A reminder message will be sent to the user before each top-up. Users can activate this feature on the website immediately after their first purchase and can subsequently activate or deactivate it at any time via their Account settings. If users have forgotten their account password, they can contact our Customer Service for assistance. Automatic Top-Up will continue on a monthly basis until the user decides to cancel it. You can deactivate Automatic Top-Up at any time by clicking the “Automatic Top-Up” button on your account homepage and selecting the “Deactivate Automatic Top-Up” option, or by contacting our Customer Service.

11. User instructions

The user must ensure that all instructions provided to UpReload through the Applications are accurate, complete, and truthful. In particular, the mobile phone number to which any Top-up 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.

12. 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.

13. Promotions

From time to time, UpReload or its partner mobile 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 mobile operators, and you should direct your requests directly to the applicable mobile 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.

14. 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 mobile device, your mobile 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.

15. 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.

6. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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 mobile 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.

24. 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.
  

modify the authentication procedures or processes for accessing the Applications or Services, while making every effort to minimize the inconvenience caused.

25. 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.

26. 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. Except as set forth in Section 12 above, UpReload, its directors, employees, officers, or agents exclude all liability and responsibility for any amount or type of loss or damage that may arise to you or a third party (including, without limitation, any direct, indirect, incidental, special, or consequential damages, exemplary or punitive losses or damages, or any loss of income, money, data, or goodwill) arising out of or in connection with your use of the Applications or Services. This does not in any way limit our liability for death or personal injury caused by our negligence or for any other matter for which it would be unlawful to exclude our liability. We will not be liable for any damages other than compensatory damages, strictly limited to the amount of the Top-up or any other amount paid in connection with the Services provided through the Applications, if the defect is solely attributable to us. You have no right of indemnity against us. Furthermore, we assume no independent liability or responsibility for any third-party actions relating to your failure to comply with the terms and conditions contained and referenced herein or on any related or linked websites operated independently by third parties. You agree and acknowledge that the Applications, Services, and content provided through them are provided "as is." To the maximum extent permitted by law, we make no warranties regarding the use and availability of the Applications or the Services provided through them.

27. Applicable law

This Agreement, the Applications, and the provision of Services will be governed by British law. In the event of any claims or disputes arising out of or in connection with this Agreement and/or your use of the Applications or Services, you agree that the British courts will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable law.

28. 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).

29. 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.