Effective as of March 3, 2020
1.2. Uplift provides installment loan products. We may provide you access to an application programming interface as part of the Services.
2. Accounts and Registration
In order to access and use the Site, the Services, or products offered on or through the Site, you must register for an account with us. When you register for an account, you may be required to provide us with information about yourself including your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You agree that the information you provide to us is accurate and that you will keep it accurate and current at all times and you will promptly notify us regarding any material changes to your information or circumstances that could affect your eligibility to continue to use the Site or Services. When you register for an account, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account login information and password. Additionally, when you register you may be asked to provide your mobile phone number with text message capabilities to be used in order to verify your identity and access your account. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org. If you violate any of these Terms, or otherwise violate an agreement between you and us, Uplift may terminate your application, delete your profile and any content or information that you have provided on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site), at any time in its sole discretion, with or without notice, including without limitation if we believe that you are under the age of 19. If you do not have such authority or do not agree to these Terms, then please do not use the Services.
3. Service Rights; Restrictions
- use the Services in a manner that violates, or encourage others to violate, the rights of third parties, including rights of card networks under their agreements with you;
- use the Services for any illegal purpose, or in violation of any provincial, territorial, local, national, or international laws or regulations;
- interfere with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any content;
- intentionally interfere with or damage, impair, or disable the operation of the Services (or any part thereof) or any customer’s enjoyment of it, by any means;
- use the Site or Services for any commercial purpose or for the benefit of any third party in any manner not permitted by these Terms;
- remove any proprietary notices or labels on this Site or the Site Content;
- use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site, utilize framing techniques to enclose any Site Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;
- engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Uplift users or third party;
- use data provided by Uplift, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from Uplift in the past to compete with the products or services of Uplift; or
- use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
3.5. Feedback. If you provide feedback to Uplift regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Uplift to use that Feedback without restriction and without payment to you. Accordingly, you grant to Uplift a nonexclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
4. User Representations
In addition to the prohibited conduct described above, you agree not to use the Site or the Service to:
- register for more than one account, register for an account on behalf of an individual other than yourself, operate an account on behalf of or for the benefit of any person who is not eligible to register for or operate an account in their own name, or register for an account on behalf of any group or entity (other than approved investment accounts opened on behalf of legal entities);
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, federal, provincial, territorial, or applicable international law;
- use or attempt to use another’s account, service or system without authorization from that person and Uplift, or create a false identity on the Services or the Site; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Uplift, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Uplift to any harm or liability of any type.
5. Offers and Content
If you are an entity user partnered with Uplift, you acknowledge and agree to the following:
5.1. Offers. You shall be solely responsible and fully liable for fulfilling any rewards or other offers you make to your customers, including through the Services. You represent and warrant that all rewards and offers you make and fulfill in connection with the Services are in compliance with all applicable laws and regulations and your agreements with third parties.
5.2. User Content. Certain features of the Services may allow you to submit offers and other content, including messaging, images, reward offers, and other types of works to the Services (collectively, “User Content”) and to publish User Content through the Services. You retain copyright and any other proprietary rights that you may hold in the User Content that you submit to the Services. By providing User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Uplift an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. By submitting or publishing the User Content, you affirm, represent, and warrant that:
- you are solely responsible for the personal or other information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, “post”) on or through the Services or the Site;
- the User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
You agree not to submit or publish any User Content that is unlawful. We expressly disclaim any and all liability in connection with the User Content. If notified by a user or content owner that the User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Service.
Access to the Services or to certain features of the Services may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in Canadian dollars and are non-refundable. Uplift is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. If Uplift changes the fees for the Services, including by adding additional fees or charges, Uplift will provide you with advance notice of such changes. If you do not accept such changes, Uplift has the right to discontinue providing the Services to you. Uplift will charge the payment method you specify at the time of purchase. You authorize Uplift to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, Uplift may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You are responsible for providing complete and accurate billing and contact information to us.
7. Termination of Use; Discontinuation and Modification of the Service
9. Disclaimers; No Warranties
Uplift makes no representation or warranty of any kind whether express, implied (either in fact or by operation of law), or statutory, as to any matter whatsoever. Uplift expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. Uplift does not warrant against interference with the enjoyment of the service. Uplift does not warrant that the service is error-free or that operation of the service will be secure or uninterrupted. Uplift does not warrant that any information provided through the service is accurate or complete or that any information provided through the service will always be available. In no event will Uplift be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Site or Services.
10. E-Sign Consent to Electronic Disclosures
Because the Uplift platform operates only on the Internet, whether you choose to participate on our platform as a borrower, investor, merchant or in any other manner, it is necessary for you to consent to transact business with us electronically. You agree to receive in electronic form (the “E-Sign Consent”) all disclosures, statements, notices, privacy policies, communications, and other information Uplift may send to you or may be required to send to you under applicable law (collectively, “Electronic Communications”) via our Site or an Uplift Enabled Site, text message to your mobile device, or to the email address you provide to us. You acknowledge and agree that Uplift shall not be responsible for your failure to receive any email or text message sent by Uplift where such failure is not as a result of Uplift not sending you such email or text message. You acknowledge and agree that you can access, receive and retain Electronic Communications sent to you by email, your mobile device, or posted online on our Site or any borrower or account portal.
Before you decide to do business electronically with Uplift, you should consider whether you have the following required hardware and software capabilities:
- access to a computer, operating system, and telecommunication connection to the Internet capable of receiving, accessing, displaying or printing information electronically
- any of the following internet browsers with current releases and updates: Chrome, Internet Explorer, Safari, Firefox
- a valid functioning email account
- a mobile device capable of receiving text messages
- sufficient electronic storage capacity
- Adobe Acrobat or equivalent
This E-Sign Consent may be updated from time to time as such needs dictate, and we will always communicate these changes to you by posting them at uplift.com, your borrower or account portal, and/or by notifying you via email or text prior to the change becoming effective in the event of any substantive or material changes. Unless otherwise stated, the revised version will be effective at the time we post it. You understand and agree that your continued use of the Services or the Site after we have made any such changes constitutes your acceptance of the new E-Sign Consent. Your E-Sign Consent shall remain in effect from the time you access our Site or use any Services until your account and/or agreement with Uplift is terminated.
From time to time or when you receive the notification, you agree to promptly view our Electronic Communication to you. You may log in to the Uplift borrower portal using the login and password information you created. “Password” means the security code and/or other method of authentication, including receiving a text message to your supplied mobile device, that you are provided to access the Services electronically. You agree not to disclose your Password to others and to keep it secure. You also agree that your use of your Password constitutes, and you intend it to constitute, your electronic or digital signature on any document or record where your signature is requested or required. By logging in to the Uplift borrower portal and using your Password, you demonstrate that you can access information that we post there.
Upon your request, we will send you a paper copy of any material provided electronically pursuant to this E-Sign Consent. There is no charge for initial paper copies. You have the right to withdraw consent, provided that if you withdraw consent, we may terminate our agreements with you. To withdraw your consent to electronic disclosures, update your contact information (including email address and mobile number) or request paper copies, contact us by email at email@example.com, by calling 1(844) 257-5400, or by mail at:
Uplift Canada Services ULC
Attn: E-sign consent
410 Adelaide Street West
11. Borrower Communications
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or non-commercial electronic messages from us, our agents, representatives, affiliates, or anyone on our behalf, by executing this Agreement you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone contacting you on our behalf for the purposes of administering your loan and/or account, providing information to you about your loan and/or account and for collection of amounts owing on your loan and/or account.
You expressly consent to be contacted by us by phone for the purpose of and for providing information to you about goods and services that we believe may be of interest to you, at any telephone number you provide or at which you may be reached. You agree we may contact you in any way. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail, or send one via text. You may opt out at any time from receiving telemarketing calls from us; however, you may not opt out of non-commercial electronic messages arising out of or relating to your loan and/or account. To unsubscribe, you may contact us at:
Uplift Canada Services ULC
410 Adelaide Street West
You consent to receive calls and voice messages (including pre-recorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number or addresses.
Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.
12. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us as designated below:
Uplift Canada Services ULC
410 Adelaide Street West
To meet the notice requirements under Canadian copyright laws, the notification must be a written communication that includes the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled as well as the date and time of the alleged infringement, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Repeat Infringer Policy
In accordance with applicable law, Uplift has adopted a policy of terminating, in appropriate circumstances and at the Uplift’s sole discretion, the memberships of members who are deemed to be repeat infringers. Uplift may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Links to Other Web Sites and Content
The Site contains (or you may be sent through the Site or the Services) links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
15. User Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.
None of Uplift’s, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Uplift Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Site Content, User Content or Third Party Content (collectively “Content”) and the Uplift Parties disclaim liability for errors or omissions in the Content.
Although we provide rules for user conduct and postings, we do not control and are not responsible for what user post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Uplift is not responsible for the conduct, whether online or offline, of any user of the Site or Service. Uplift cannot guarantee and does not promise any specific results from use of the Site and/or the Services to obtain a loan.
The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Uplift assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Uplift is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Uplift be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
Uplift reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Uplift.
18. Limitation of Liability; Indemnity
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL UPLIFT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE UPLIFT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
19. Governing Law; Submission to Jurisdiction