Uptooyoo (Pty) Ltd

1.1.

In order to use the Site, you will first be required to create an account (“your Account”) and submit certain of your personal information or information in your representative capacity on behalf of a company or another entity including your names, details of the entity and e-mail address. You confirm that all of the information that you provide for this purpose is accurate, correct and complete in all respects and you undertake to promptly update the information provided to us in the event of any changes by amending the information on your account as soon as possible.

1.2

You may only create one account for the Services. If your Account is disabled or suspended for any reason, you may not create another account without our express permission in writing first being received.

1.3

Your Account is for your own use and is not transferrable.

1.4

You shall be responsible for securing your Account login details. You may not share your Account login details with any third party or permit any third party to gain access to your Account.

1.5

If the security or confidentiality of your Account is compromised in any manner or you reasonably believe that a third party has gained unauthorised access to your Account, you are to immediately notify us in writing and ensure that the password for that Account is changed immediately. You will be responsible for all transactions and activities which occurs under or through your Account.

2.1

“Account” is the account you create to use the Site;

2.2

“Customers” are Users who purchase the Services on Uptooyoo;

2.3

“Digital Service Payment Security” means a secure payment gateway and system which helps to ensure that payments made by Customers to Service Providers are only made through our payment gateway when work is completed so as to protect and safeguard the interests of both the Service Provider and Customers. Please note however that this is only applicable to Digital Services and not Physical Services;

2.4

“Digital Services” includes the Services rendered by Digital Service Providers including but not limited to, graphic designers, artists, computer programmers and musicians;

2.5

“Digital Service Providers” includes Digital Services provided by Service Providers including but not limited to, graphic designers, artists, computer programmers and musicians;

2.6

“Order/s” means contracts or agreements giving rise to reciprocal legal obligations between the Customers and the Service Provider for the particular Services or any additions, variations and/or amendments thereto;

2.7

“Physical Services” include the physical or personal services provided by the Service Providers including but not limited to, plumbers, mechanics, gardeners, domestic workers, pet groomers, tutors and the like;

2.8

“Services” means Digital Services and/or Physical Services;

2.9

“Service Providers” are Users who are independent contractors whom offer and provide Services on or through the Site;

2.10

“Service Provider’s Web Page” is where Service Providers can include all of their information, present a portfolio of other works, showcase their works and/or talents and anything that can promote and advance their business and/or be of assistance to potential customers in making their election as to whether or not to utilise their Services;

2.11

“Terms of Use” are these terms and conditions, Payment Terms as well as all or any other terms and conditions, policies, guidelines and procedures which may be incorporated from time to time;

2.12

“Users” are Service Providers and Customers whom register for the Services and create an Account on the Site.

3.1

Only registered Users may transact i.e. buy and sell on the Site.

3.2

Service Providers determine their pricing at their sole discretion. Services are categorized as either Physical Services or Digital Services.

3.3

Uptooyoo is a digital platform/market place for a variety of services provided in two categories being Physical Services and Digital Services. Potential customers will engage the Service Providers as independent contractors and which does not in any manner, shape or form create any form of employment or any degree of control as to the manner in which the Services are to be provided.

3.4

Fees and payments are dealt with separately under Payment Terms.

3.5

Service Providers must at all times use their best endeavours to fulfil their Orders, promptly and on due date and may not cancel any Orders without just cause.

3.6

Uptooyoo provides a rating system for all Service Providers that assist in building a Service Provider’s reputation with the aim of promoting and advancing their prospects of procuring more Orders.

3.7

Benefits for Service Providers include:

3.8

We respect your privacy and our privacy policy is incorporated in the Terms of Use.

4.1

You may not use the Site if you:

4.2

You undertake:

5.1

Only Customers of Digital Service Providers are to make use of the Digital Service Payment Security. For Physical Services, Customers may make payment directly to the Service Providers concerned.

5.2

The distinction between Physical Services and Digital Services are important both from a payment and billing perspective. Please refer to our Payment Terms and have careful regard thereto.

5.3

Subject to the Customer’s consent, Uptooyoo reserves the right to use all delivered work or to publish same as part of a review or otherwise make public for marketing and promotion purposes and/or other purposes which may be deemed relevant by Uptooyoo in its sole and absolute discretion.

6.1

Customers are simply required to open an Account and complete the application process by providing all of the information required by Uptooyoo to do so.

6.2

For Service Providers who provide:

7.1

We welcome your feedback, suggestions, ideas, and other communications regarding the Services and their features (“Feedback”).

7.2

By submitting Feedback, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from your Feedback. This includes the right to develop and improve our products and services based on your input.

7.3

Please do not submit any Feedback that you do not wish to license to us under these Terms.

8.1

We may include links to other websites or offer features that come from third-party service providers. These services are run by other companies, not us.

8.2

If you choose to use these third-party features or take part in their promotions, you’ll be dealing directly with them—not us. That means their own terms of use and privacy policies apply and we recommend that you read those carefully before using any third party features or partake in their promotions.

8.3

We are not responsible for: (a) what third-party services do with your data; (b) the accuracy or safety of their content; or (c) any problems or losses which may occur because of your use of their services and you indemnify us and hold us harmless against any claims which you may have arising therefrom.

9.1

We strive to make sure that the Site runs smoothly and reliably however, there may be times when our Site may be interrupted or suspended.

9.2

Internet Connection: Some features of the Site require a stable internet connection. If your internet connection is weak, unstable or offline, certain parts of the Site may not work properly or be interrupted.

9.3

Device Compatibility: The Site are designed for use on modern smartphones and operating systems. If you’re using an older device or outdated software, you might experience performance issues.

9.4

Third-Party Services: We rely on other services to power parts of the Site, including but not limited to, internet connection operators, Apple, Google, cloud storage providers, and third party databases (“Third Party Service Providers”). If those services go down or change, it might affect the functioning of the Site and the general performance of the Site. We will not be liable under any circumstances for any failure of or interruption to the Site which may be caused by or attributable to any such Third-Party Service Providers or for any other causes outside of our reasonable control and you indemnify us and hold us harmless against any claims which may arise therefrom.

9.5

Maintenance and Updates: From time to time, we may need to update or temporarily disable parts of the Site to fix bugs, improve performance, maintain or add new features. We will however endeavour to keep any disruptions to a minimum.

9.6

No Guarantees: While we aim for a great experience, we do not promise or guarantee that the Site will always be available, error-free, or meet every User’s expectation.

10.1

We may, at any time and in our sole and absolute discretion, change, modify, enhance, suspend, or discontinue any part of the Site, including adding or removing features or functionalities. These changes may be implemented without prior notice.

10.2

Whilst we aim to improve the User’s experience, we are not obligated to maintain any specific feature or functionality, and we shall not be liable under any circumstances whatsoever to you or any third party for any change, modification, suspension or discontinuation of the Site.

11.1

The Site is proprietary to Uptooyoo. Except as provided for in these Terms of Use, no licence or any other right is granted to you or any User in respect of the Site.

11.2

You acknowledge and agree, as between you and Uptooyoo that (a) all intellectual property rights in and to the Site, including all source information, data and code, vest in Uptooyoo; and (b) you will not, and shall not permit or assist any third party, to infringe our rights in and to the Site (c) you will not challenge, question or dispute our right, title and interest to any of our intellectual property rights in and to the Site, nor the ownership thereof and/or or assist any other person or entity to do so.

11.3

We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms of Use.

11.4

The name “UptooYoo,” its logo, any variations thereof and all related products and service names are trademarks owned by Uptooyoo. You may not use or display these trademarks without our prior written permission. Any third-party trademarks displayed on any of the Uptooyoo platforms are the sole and exclusive property of their respective owners.

12.1

a physical or electronic signature of the copyright owner or authorized agent;

12.2

identification of the copyrighted work claimed to be infringed;

12.3

identification of the infringing material and its location within the Site;

12.4

your contact information (address, phone number, email);

12.5

a statement of good-faith belief that the use is unauthorised; and

12.6

a statement that the information in the notice is accurate and that you are authorised to act on behalf of the copyright owner, under penalty of perjury.

13.1

When you create an account with us, you share personal details with us including your names, email address/es, or location. This information is protected under privacy laws, and by using the Site, you agree that we can collect, use, and share your data as explained in our Privacy Policy.

13.2

If you connect the Site to other services (like social media), you are giving us permission to use the information those services share with us. We recommend checking their privacy settings and terms so you know what they might send our way.

13.3

We do not and will not assume any obligations with respect to your personal information or the use of your personal information other than as set out in these Terms of Use or in terms of any applicable laws.

15.1

Without derogating from our right to terminate the Site , we will be entitled at any stage, with or without notice, to suspend your access to the Site for any reason and for such period as we determine, in our sole and absolute discretion, determine to be appropriate, if you engage in any activities which we, in our sole and absolute discretion, would constitute a breach of these Terms of Use, contravention of any law and/or a violation and/or infringement of any rights of a third party.

15.2

In the event that your access has been suspended, you will have the right to make written representations to us requesting reasons for such suspension and also to provide evidence that you have not committed a breach of these Terms of Use or remedied any such breach, contravention of any law and/or a violation and/or infringement of any rights of a third party.

15.3

We will only lift the suspension once, in our sole and absolute discretion, we are satisfied you have not committed a breach of these Terms of Use or have remedied any such breach, contravention of any law and/or a violation and/or infringement of any rights of a third party, as the case may be. In exercising our discretion and making a decision, you acknowledge and agree that our decision is binding and not subject to any appeal or review.

16.1

You may terminate your use of the Site at any time by following the account deletion process within the app or by contacting us directly. Please note however that you will not e entitled to a refund of your Subscription Fee whether pro rata or in full for that month. Refer to our Payment Terms.

16.2

We will be entitled to terminate your access to the Site at any time, with or without prior notice, in the event that: (a) you breach these Terms of Use or any other applicable policies or agreements and/or fail to remedy the breach within the stipulated period afforded to you to remedy the breach; (b) we receive a request or instruction to do so from any law enforcement agency and/or other government authorities; (c) there is a discontinuation or significant modification of the Site ; (d) there is a technical and/or security issue that affects the integrity of the Site ; (e) you fail to make payment of any Subscription Fees or any other applicable fees timeously or at all; and (f) if we terminate the Site.

16.3

The termination of your use of the Site may include: (a) deletion of your Account information, content and data; and (b) restricting you from creating a new account and/or accessing the Site in future.

17.1

The Site and its content are provided on an "as is" basis without any warranties of any nature whatsoever, including but not limited to express or implied warranties of merchantability, fitness for a particular purpose, compatibility, title and non-infringement or about the suitability, reliability or accuracy of the Site and its content.

17.2

Whilst we use all reasonable commercial endeavours to ensure the proper performance of the Site, the accuracy of the information/content and the reliability of the data on the Site.

17.3

Whilst we strive to provide a reliable and uninterrupted service, we do not guarantee that the Site will always be available, error-free, or free from data loss. You are solely responsible for backing up your data, photos, and other content. We will not be liable for any loss of data, content, or functionality resulting from outages, maintenance, technical issues, or other disruptions beyond our control. Use of the Site is at your own risk, and you acknowledge that service interruptions may and can occur.

18.1

Without in any manner derogating from any of the other provisions contained in these Terms of Use, to the full extent permitted by law, you indemnify and hold us harmless against all and any claim for loss, liability, actions, suites, proceedings, costs, demands and damages (including and/or all legal costs which may be incurred by us in defending any such claims on an attorney and own client scale) which arises directly or indirectly out of any breach of these Terms of Use by you or arising out of and/or in connection with the failure or delay in the performance of the Site or your  use of the Site , (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, other than in respect of losses caused by our gross negligence or intentional misconduct.

18.2

Without affecting the generality of clause 18.1 above, we will not be liable to you for any breach of these Terms of Use or failure to perform any obligations as a result of technical problems relating to your network, termination of any licence to operate or use the 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, agent or sub-contractor, industrial disputes or any other cause beyond our control.

19.1

Whilst we use our best endeavours to make the Site reliable and enjoyable, we cannot be held responsible for the interruption, suspension, disconnection or termination of the Site for any reason whatsoever.

19.2

Under no circumstances will we, our holding companies, subsidiaries, officers, directors, employees, agents, members, representatives, vendors, suppliers, service operators and/or third party service providers be liable, whether arising out of or relating to the Site or otherwise in terms of these Terms of Use, whether in delict, strict liability or negligence, for: (a) any loss of profits or special, indirect, incidental, punitive or consequential damages/losses of any nature whatsoever including bodily injury, illness, trauma and/or loss, damage and/or destruction to any property of whatsoever nature even if foreseeable; (b) any direct damages; and (c) the failure on the part of third party service providers including any wireless or cellular network during any situation which the Site may be used or attempted to be used.

20.1

Applicable Law and Jurisdiction: These Terms of Use are governed by and will be interpreted in accordance with South African law. You consent to the jurisdiction of South African courts and agree that any dispute arising out of these Terms of Use or the interpretation thereof, both while in force and after its termination howsoever arising will be submitted to and determined by a court of law in the Republic of South Africa.

20.2

Assignment: These Terms of Use are personal to you and shall not be assigned (whether voluntarily or involuntarily) or otherwise transferred in whole or in part by you without our prior written consent. Notwithstanding the aforegoing, you hereby consent to the assignment by us of these Terms of Use to a third party without notice to you.

20.3

Waiver: No latitude, extension of time or other indulgence which may be given or allowed by us to you in respect of the performance of any obligations or enforcement of any rights arising from these Terms of Use and no single or partial exercise of any right by us shall under any circumstances be construed to be an implied consent by us or operate as a waiver or a novation of, or otherwise affect any of our rights in terms of or arising from these Terms of Use or estop us from enforcing, at any time and without notice, strict and punctual compliance with each and every provision of these Terms of Use.

20.4

Notices:

1.

Download the Uptooyoo app and create a verified profile as a service provider

2.

Add at least one active service listing to their profile.

3.

Share their Uptooyoo profile link to social media (Instagram or Facebook).

4.

Tag @uptooyoo in their post or story to confirm their entry.