Terms & Conditions of Upstream
Last Updated: 17th July 2024
ABOUT US
Upstream is a monthly subscription service under which we supply high-quality fashion items for rental, with a no-obligation option for our members to buy the items they fall in love with. All our carefully curated garms are box-fresh, or previously rented and cared-for by our community.
For items previously rented, we use a B-Corp Certified, fully managed, quality controlled, cleaning and renewal service - with every item sent out in our distinctive packaging via next-day delivery - providing an elevated and sustainable experience for all our members.
We currently provide our services solely in the mainland UK - excluding the Channel Islands & Scottish Islands
Futureland Ventures Limited is a company registered in England and Wales, trading as Upstream. Our Company number is 13120749 and our registered office is at 5 Welmar Mews, London, SW4 7DD. Our registered VAT number is GB 379964616.
You can contact us at hello@theupstream.com or customer service via ‘Settings’ > ‘Help And Support’ on our app
TERMS OF SERVICE
This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using the Upstream Service.
By using the Upstream offering (as defined below), you confirm that you accept these terms (including Privacy Policy & any third-party terms referred to in these Terms or on the Upstream app) and that you agree to comply with them. If you do not agree to these terms and any third party terms associated with the Upstream services you should not register and must stop using the Upstream services immediately.
We recommend that you print a copy of these terms for future reference.
CREATING AN ACCOUNT
You must be 12-years or older and capable in the UK of entering into a legally binding agreement to use the Upstream. If you are below the age of 12 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.
In order to access and make use of the Upstream Services you must register an account and become a Member. To activate your account, you must provide your mobile phone and verification code you will receive by text message. You will then be free to access the non-transactional functionality of the Upstream Services.
To be able to use the transactional functionality i.e. to Rent or Purchase Items, you must complete a subscription, entering your full name, address and credit card details.
Online payments are arranged by our third party provider, Stripe. You may pay us by credit or debit card or via Apple Pay. Payments will be taken monthly in advance until the services are cancelled and all rental items are returned.
Unless otherwise explicitly permitted by Upstream you may register one (1) account.
Your account may not be shared with or transferred to another: it is for your personal use only. You must keep your account details secure and you are solely responsible for all activities carried out on or through your account. If you do not take all reasonable steps to protect your account information, Upstream is not liable for any losses incurred as a result of your account being accessed or used by someone else.
You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at hello@theupstream.com straight away to let us know.
Upstream has the right to accept or reject any application for membership with Upstream at our sole discretion.
YOUR RIGHTS TO USE THE UPSTREAM SERVICE
The materials and content comprising the Upstream Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Upstream Service in accordance with these Terms of Service.
Your right to use the Upstream Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Upstream Service does not stop us from giving other people the right to use the Upstream Service.
Unless allowed by these Terms of Service or as permitted by the functionality of the Upstream Service, you agree:
(i) not to copy, or attempt to copy the Upstream app or platform or any other portion of the Upstream Service;
(ii) not to give or sell or otherwise make available the Upstream app or platform or any other portion of the Upstream Service to anybody else;
(iii) not to change, or attempt to change the Upstream app or platform or any other portion of the Upstream Service in any way;
(iiii) not to look for or access the code of the Upstream app or platform or any other portion of the Upstream Service that we have not expressly published publicly for general use.
You agree that all confidential information, copyright and other intellectual property rights in the Upstream app or platform or any other portion of the Upstream Service belong to us or the people who have licenced those rights to us.
You agree that you have no rights in or to the Upstream app or platform or any other portion of the Upstream Service other than the right to use and access them in accordance with these Terms of Service.
We reserve the right to refuse service to anyone for any reason at any time.
OUR CONTRACT WITH YOU
Our acceptance of your subscription will take place when your payment method is accepted, at which point a contract will come into existence between you and us.
If we are unable to accept your subscription, we will inform you of this via the in app messenger as soon as possible and will not charge you for our service. If we have already received your payment, you will be reimbursed as quickly as possible. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of our service, or because we are unable to meet a delivery deadline you have specified. If we are unable to charge your payment method, you will be informed by email via Stripe.
Our subscription service provides members with the provision of 500 Stream Coin (‘STC’) per month for the purpose of renting items up to £250 in retail value. Items are available to rent for a standard period of one month. At the end of each one month rental period, members have the following choices:
(i) refresh your wardrobe by returning the current item via our pre-paid delivery and then use your new months Stream Coin to order a fresh item
(ii) Re-stream the product for an additional one-month rental period, using your new month's Stream Coin
(iii) Hold onto your item for any number of days into the next month - paying a pro-rata daily Coin charge from your new month's Stream Coin. The cost if this is the rental Coin value / 31. So for example, for a 500 Stream Coin item, the daily Coin charge will be 16 Stream Coin.
(iiii) Buy the item via Apple Pay for our ‘Upstream Price’ via which is consistent with secondary market pricing.
You may return an item earlier than the standard one month rental period and stream another item. However, you will not be refunded Stream Coin for early returns and you must have or purchase sufficient Stream Coin in order to stream the next item.
We will use commercially reasonable endeavours to make our service available to you 24 hours a day, 7 days per week, except for: (a) Planned maintenance carried out during the hours of 10pm and 2am UK time; and (b) Unscheduled maintenance performed outside normal business hours, we will use reasonable endeavours to provide you with at least 6 hours’ notice of this in advance. We do not warrant that your use of or access to our service will be uninterrupted or error free or that your use of our service will meet your requirements.
Subject to your ongoing compliance with these terms and conditions, you are entitled to use our service on a non-exclusive basis whilst your subscription remains active, for your own personal use only.
Your subscription will automatically renew at the end of each billing cycle unless cancelled.
STREAM COIN (STC)
UPSTREAM uses a system of virtual currency known as Stream Coin (STC). Stream Coin is a virtual currency that can be earned, purchased, or rewarded within the UPSTREAM platform and used to access various services and benefits offered by UPSTREAM.
Earning Stream Coin
(i) Subscription Conversion: Your monthly subscription fee paid in GBP will be converted into 500 Stream Coin which can be redeemed against one-month rentals of items with a retail value up to £250.
(ii) Purchase: You may purchase additional Stream Coin using GBP via the app to help you access pieces with a higher retail value and higher Coin Value; cover excess rental days and any late fees. The Coin values and GBP purchase rate will be specified at the point of sale.
(iii) Social Media Engagement: You can earn Stream Coin by tagging Upstream in your social media posts of you in your garms, on Instagram and TikTok. See USER-GENERATED CONTENT: STREAM COIN REWARDS & RULES for details.
(iiii) Referral Program: You can earn Stream Coin by referring new members to our service through our member-get-member program. The amount of Stream Coin earned will be outlined in the referral program details.
Stream Coin is not real currency and cannot be exchanged for cash or any form of legal tender. It is a virtual currency with no monetary value outside the Upstream app.
Stream Coin cannot be transferred between users or accounts, and cannot be exchanged for cash or other forms of payment outside the app.
We retain the right to adjust the reward tiering and mechanics at any time.
Purchase and Refund Policy
(i) Non-Refundable: Purchases of Stream Coin are non-refundable. Once the transaction is complete and Stream Coin has been credited to your account, you will not be able to obtain a refund, exchange, or transfer the Stream Coin.
(i) Final Sale: All sales of Stream Coin are final. Please ensure that you want to purchase the Stream Coin before completing the transaction.
Account Cancellation: If you choose to cancel your Upstream account, any remaining Stream Coin in your account will be forfeited and will not be redeemable for cash or any other form of compensation. If you cancel your account or decide that the purchase of extra Stream Coin was a mistake after the transaction is complete, Upstream is not obligated to refund any amounts paid for the Stream Coin.
Mistaken Purchases: If you believe you have made a mistaken purchase of Stream Coin, please contact our customer service team immediately at hello@theupstream.com or in app via ‘Settings’ > ‘Help And Support’ > ‘Send Us A Message’. While we generally do not provide refunds for Stream Coin purchases, we will review your request on a case-by-case basis. Requests for refunds due to mistaken purchases will be reviewed at the sole discretion of Upstream. We reserve the right to deny any refund requests if we believe that the purchase was not made in error or if the Stream Coin has been used.
Expiration and Forfeiture
(i) Expiration: Stream Coin may have an expiration date, after which it will no longer be valid. The expiration date, if applicable, will be communicated to you at the time of earning or purchasing the Stream Coin.
(ii) Account Termination: If your account is terminated or closed, any remaining Stream Coin in your account will be forfeited and will not be redeemable for cash or any other value.
No Cash Value
Stream Coin is not redeemable for cash, and has no cash value. You cannot request a cash refund or cash exchange for unused Stream Coin. Stream Coin is solely a means to access and use features within the Upstream app.
Changes to Stream Coin Terms
Upstream reserves the right to modify the terms governing Stream Coin, including earning, purchasing, using, and expiration policies. Any changes will be posted on our within the app. Continued use of Stream Coin after any changes signifies your acceptance of the updated terms.
Fraud and Abuse
Upstream reserves the right to investigate any suspicious or fraudulent activity involving Stream Coin. Any fraudulent or abusive behaviour may result in the forfeiture of Stream Coin and termination of your account.
Contact Information
For any questions or concerns regarding these Stream Coin Terms and Conditions, please contact us at hello@theupstream.com or in app via ‘Settings’ > ‘Help And Support’ > ‘Send Us A Message’.
By using Stream Coin, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
USER-GENERATED CONTENT: STREAM COIN REWARDS & RULES
By participating in our rewards program, you agree to the following regarding the content you create and tag our brand in on Instagram and TikTok.
Conditions to qualify for coin rewards:
i) Only paying members with active subscriptions will be rewarded
ii) Only members who have had their social accounts verified via our app will be rewarded
ii) Members in arrears or dispute re non-returned or damaged items etc will not be rewarded
iii) Stream Coin that is earned through rewards, cannot be exchanged for GBP (£) during or on termination of your membership
iiii) Content posted must adhere to the rules of the platform you post on:
Instagram - https://help.instagram.com/477434105621119
TikTok - https://www.tiktok.com/community-guidelines/en
Grant of Rights: By tagging @upstrm_official in your content on Instagram and TikTok, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media formats and through any media channels.
Ownership and Permissions: You retain ownership of the content you create. By tagging our brand, you confirm that:
i) You are the original creator of the content and own all rights to it.
ii) You have permission from any individuals appearing in the content to use their likeness and grant us the rights outlined in this agreement.
iii) The content does not infringe on any third party’s intellectual property rights, privacy, or any other legal rights.
Use of Content: We may use your tagged content in various ways, including but not limited to:
i) Displaying it on our website, app, and social media channels.
ii) Using it in marketing materials, advertisements, and promotional content.
iii) Featuring it in email campaigns and newsletters.
Credit Attribution: Where feasible, we will credit you as the creator of the content by mentioning your social media handle or name. However, you agree that this is not mandatory and our failure to provide such attribution will not be a breach of these terms.
Content Moderation: We reserve the right to remove any content from our digital channels at our discretion. We also reserve the right to decline to use any content that we deem inappropriate or that does not align with our brand values and image.
Termination: You may revoke our right to use your content by providing written notice to hello@theupstream.com. Upon receiving such notice, we will cease any new public use of your content within a commercially reasonable timeframe. However, this will not affect any existing use of the content already published.
By participating in our rewards program and tagging our brand, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. For any questions or concerns, please contact us at hello@theupstream.com or via our app ‘Settings’ > ‘Help And Support’ > ‘Send us a message’.
We retain the right to adjust the reward tiering and mechanics at any time.
RENTAL BOOKINGS
If your Rental Booking is accepted, Upstream will grant to you a limited licence to use the product(s) for the duration of the one-month Rental Period in accordance with these Terms of Service. By submitting a Rental Request, you consent and warrant that:
i. you have read the product description and accepted these Terms before making the request to rent a product;
ii. you acknowledge that items may vary slightly from their pictures. The images of the items available to rent on our app are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the items. Items may vary slightly from those images;
iii. your profile information is up-to-date;
iv. you will not engage in any activity which constitutes Fee Avoidance (which shall be determined by Upstream in its sole discretion);
vi. you have sufficient and available funds to cover the payment for the monthly subscription, late fees and any associated costs in the event of any loss of or damage to the product and the Mediation Costs (in the event of a dispute); and
You acknowledge and accept that when returning a product it must be handed over to the courier at the end of the 30-day Rental Period, in order to book a new item. If you would like to extend the Rental Period you may keep the product, provided you have sufficient Stream Coin in your wallet to cover the extended Rental Period.
To retain the item beyond the end of the 30-day rental period, we will deduct Stream Coin from your Upstream wallet daily until the item has been dropped at a DPD drop-shop for return. The daily coin charge is the rental Stream Coin value / 31 i.e a 500 Stream Coin daily Coin charge will be 16 coin (500/31). This makes it possible for you to keep hold of an item, beyond the 30 day rental period as long as you keep paying your subscription.
Without sufficient Stream Coin in your Upstream Wallet, you will be charged a late fee at a cost of £4 per day beyond the original 30-day one-month Rental Period. When members have accumulated 7 days of late fees, we will charge their card £28 and suspend their account to avoid any further charges.
If there are under 7 days of late fees when your subscription renews each month, we will also charge the accrued late fees to your card.
The Renter will be contacted via our app and SMS message to notify them of a late return, before they are charged.
USE OF THE PRODUCTS
All products will either be box-fresh or for items previously rented by our community, they will be professionally cleaned and delivered to you in "ready to wear" condition.
You acknowledge and accept that use and wear of the product is entirely at your own risk and Upstream shall not be held liable for any health-related complaints associated with any product. You agree and undertake to use best endeavours to maintain the condition of all products, we ask that you treat it as if it was your own or borrowed from a close friend.
You acknowledge and accept that you are responsible for loss, destruction or damage to a product due to theft, mysterious disappearance, fire, major stains or any other cause resulting in the loss of or irreparable damage to a product.
We cover any missing buttons, minor stains and tears. If anything is beyond repair, lost, or stolen, you agree and acknowledge that we will be entitled to charge your payment method the following fees:
(i) first time: fee equal to 50% of the Retail Value;
(ii) second time: fee equal to 75% of the Retail Value;
(iii) third time: fee equal to 100% of the Retail Value and membership is cancelled
You are liable for the item for the full duration of your streaming (rental) period - from the moment the courier has delivered it to you (including delivery to a 'safe space' nominated by you); until the moment you have returned it via a DPD Drop Shop. You are also liable if on receipt of the returned item, we discover that the item has major damage or replaced with a different item
If your item requires cleaning during your Rental Period, you must carefully follow the care instructions in the product label.
On completion of your Rental Period, you don’t need to clean your item before returning as we handle this via our B-Corp Certified, fully managed, quality controlled, cleaning and renewal service before we re-stream to another member.
RETURN & EXCHANGE POLICY - RENTAL ONLY
We strive to provide high-quality fashion rental items that meet your expectations. All items are either box fresh or items previously rented by our Upstream community go through a fully managed quality controlled, cleaning and renewal process, with every item sent out in elevated packaging and next-day delivery -providing a luxurious secondary experience.
Below is our policy for returns and exchanges, applicable to faulty or misdescribed products. Returns based on fit and preference are treated as discretionary decisions and may not be accepted.
(i) Faulty or Misdescribed Items: If you receive an item that you believe is faulty or does not match the description provided, you are entitled to return it free of charge, using the pre-paid delivery label, for an exchange.
a. Reporting Issues: Please report any issues within 48 hours of receiving the item by contacting our customer service team through the app: ‘Settings’ > ‘Help & Support’ > ‘Send us a message’
b. Condition of Returned Items: Items must be returned unworn, unwashed, and in the same condition as received, with all tags attached.
c. Replacement item: Once we have received, checked and approved that the item returned is indeed Faulty or Misdescribed; the Stream Coin value used to book the original item, will be credited back to your account, allowing you to stream a replacement, for next day delivery
(i). Discretionary Returns for Fit and Preference: Returns or exchanges based on fit or preference are at the sole discretion of Upstream. While we understand that finding the perfect fit and style can be challenging, we reserve the right to refuse returns and exchanges for these reasons.
If you wish to request a return or exchange based on fit or preference, please contact our customer service team via ‘Settings’ > ‘Help And Support’ on our app. Each request will be evaluated on a case-by-case basis.
CANCELLING AN ORDER
If you need to cancel an in-progress order, please get in touch with us as soon as possible. As we offer next day delivery, it may not be possible to cancel your order as your order will be being prepared by our warehouse.
Successfully cancelled orders will be refunded with a Stream Coin to your account.
DELIVERY OVERVIEW
All deliveries will be sent through Upstream’s delivery partners, which may be updated from time to time at Upstream’s discretion. The delivery method used will be at the discretion of Upstream. The cost of the next-day delivery & return of your Rental Items is included in your monthly subscription.
Upstream or its delivery partners will contact you with tracking information about estimated delivery and arrival times of Rented products.
Upstream will deliver the product with reusable return packaging (the "Return Packaging") together with instructions for your use in returning the products to Upstream. If you lose the Return Packaging, please return the item in a clean sealed carrier bag which our couriers will also accept.
If Upstream’s delivery partners have used reasonable endeavours to deliver a product to the Renter and those endeavours have proven unsuccessful, for instance, if the address provided is incorrect or incomplete or the parcel is sent back due to non-acceptance by the Renter, the Renter will be contacted via the app to notify them.
A product shall remain the property of Upstream unless purchased outright by the user following payment of our ‘Upstream Price’.
The transfer of the risks of loss or damage to a product shall take place upon receipt of the product by the Renter. The Renter shall therefore be liable for any damage caused to a product or the loss of a product after it has been received.
FEES & PAYMENT
When you create your Account, you will need to provide us with valid, up-to-date and complete credit or debit card details. By creating an account you agree to enter into subscription and authorise us to charge such a credit or debit card for the monthly Subscription Fee and hereby confirm that the details you provided are accurate and that you have the right to use the payment method selected.
All fees through the terms of these Terms of Service you agree to pay promptly and not more than 48 hours from it being requested. In the event that you do not pay the owed money within this timeframe, Upstream may debit this amount from your card. In agreeing to these Terms you agree to allow us to do so and waive your right to chargeback this transaction with your bank.
If we are unsuccessful in charging the Subscription Fee, Item Purchase Fees, Late Fees, Mediation Costs or any other amount to your credit or debit card, and have still not received payment within 7-days after informing you, we may suspend or temporarily disable all or part of your access to the Upstream Service (without any responsibility to you), and we shall be under no obligation to provide any or all of the Upstream Service while the amount concerned is unpaid. This does not affect any other rights and remedies available to us. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
In the event of loss of one of our items we reserve the right to charge you up to the RRP of the item via your credit or debit card on file. In the event of returning an item damaged, we reserve the right to charge you up to the RRP but each case will be evaluated individually.
Your subscription will automatically renew at the end of each billing cycle unless cancelled.
LIABILITIES & WARRANTIES
You hereby represent and warrant that when submitting a Rental Request:
i. you agree that in the event of loss of one of our items we reserve the right to charge you up to the RRP of the item via your credit or debit card on file. In the event of returning an item damaged, we reserve the right to charge you up to the RRP but each case will be evaluated individually. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT RENT THE PRODUCT; and
ii. you are not doing so on behalf of any other person and you shall not allow any other individual to use the product(s). Use of the product(s) by any other individual is a breach of these Terms.
You are solely responsible for any obligations you may have to pay any applicable taxes and make any required reporting to tax authorities, including but not limited to, VAT and other sales, rental, tourist, income or other taxes.
BUY WHAT YOU LOVE
If during the rental of your item, you can’t bear the thought of saying goodbye, fear not - we’ve got you. Just click on the tee icon at the bottom of the app and click ‘Buy with Apple Pay’ to make the item yours for keeps, for our ‘Upstream Price’.
Final Sale: All sales of products that have been trialled are considered final. By completing a purchase after the trial period, you acknowledge and agree that the product has met your expectations and requirements.
We do not accept returns or provide refunds for products that have been trialled during the 30-day period that you have streamed the product.
It is not possible to use your Stream Coin to buy items - only directly from your bank account via Apple Pay.
RULES OF ACCEPTABLE USE
In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the Upstream Service (the "Rules of Acceptable Use").
When using the Upstream Service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the the Upstream Service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the the Upstream Service under your name or on your behalf unless such person is authorised by you;
(c) use the Upstream Service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
(e) modify, interfere, intercept, disrupt or hack the Upstream Service;
(f) misuse the Upstream Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the Upstream Service or any user of the Upstream Service's own equipment;
(g) collect any data from the Upstream Service other than in accordance with these Terms and Conditions;
(h) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(i) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(j) use any User Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about items, submit or contribute any information or commentary about another person without that person's permission;
(k) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and the Upstream employees);
(l) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Upstream Service in a manner that send more request messages to the Upstream Service than a human can reasonably produce in the same period of time;
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the Upstream Service app or platform or any other portion of the Upstream Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described are not limited, and we may take any other action we reasonably deem appropriate.
NOTICE & TAKEDOWN POLICY
Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the Upstream Service infringes their rights. The Infringement Notice should be sent by email to hello@theupstream.com. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the UPSTREAM Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
YOUR RIGHTS TO END OUR RELATIONSHIP
You have the legal right to cancel your subscription within 14 days of your membership commencing without giving any reason. To exercise this right, you must inform us of your decision to cancel by going to ‘Settings’ > ‘My Subscription’ > ‘Cancel Subscription’ which will connect you with our customer service to arrange.
If you cancel within the 14-day cooling-off period and have not used the service, you will receive a full refund into your account. If you have started using the service (i.e booking at item), we will charge you for the proportion of the service provided up to the point that we receive any current rental items back from you.
After the initial 14-day cooling-off period, you may cancel your subscription at any time. You must inform us of your decision to cancel by going to ‘Settings’ > ‘My Subscription’ > ‘Cancel Subscription’ which will connect you with our customer service to arrange. You must pay us for the services provided up until the time we receive any current rental items back from you and no refund will be provided for the current billing cycle. You can delete your account with us in the app settings section. However, you can only do this once we have received any currency rental items back from you, and you have cancelled your subscription. Prior to cancelling, you must also settle any outstanding amounts owed to Upstream i.e subscription fees, late fees and charges associated with loss or damage.
If you or we end your use of the Upstream Service or we withdraw the Upstream Service as described in this section, we may delete your User Content, any other information that you have uploaded to the Upstream Service or any other information we hold about you. You will also lose any rights you have to use the Upstream Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Upstream Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Upstream Service or any such information, content or User Content.
The termination of your use of the Upstream Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.
Nothing in this paragraph affects any legal rights you may have under UK law
RESOLVING DISPUTES
If you have a dispute with us relating to the Upstream Service, in the first instance please contact us at hello@theupstream.com and attempt to resolve the dispute with us informally.
In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving our dispute.
CHANGES TO THE UPSTREAM SERVICE
We reserve the right to make changes to the Upstream offering and to these Terms without limitation. The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
We are constantly updating and improving the Upstream Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Upstream Service.
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Upstream Service, or feature relating to the Upstream Service ("changes to the Upstream Service "). These changes to the Upstream Service may affect your past activities on the Upstream Service, features that you use, your User Content and any other information you submit to the Upstream Service ("Service Elements"). Any changes to the Upstream Service could involve your Service Elements being deleted or reset.
You agree that a key characteristic of the Upstream Service is that changes to the Upstream Service will take place over time and this is an important basis on which we grant you access to the Upstream Service. Once we have made changes to any part of the UPSTREAM Service, your continued use of the Upstream Service will show that you have accepted any changes to the Upstream Service. You are always free to stop using the Upstream Service.
We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the Upstream Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
LAW
English law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the Upstream Service, we will initially seek to apply to the English courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Upstream Service heard in the courts of that country.
ACCESS & AVAILABILITY
We will use all reasonable endeavours to ensure that the Upstream services are fully operational at all times. However, we do not guarantee that the Upstream Services will or any content on it, will always be available or uninterrupted.
Access to the Upstream Services are permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Upstream Services without notice. We will not be liable to you if for any reason the Upstream Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Upstream Services. You are also responsible for ensuring that all persons who access the Upstream Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We reserve our right to restrict, suspend or terminate your use of the Upstream or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and other applicable terms and conditions.
CONTACT, FEEDBACK & COMPLAINTS
If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at hello@theupstream.com.
We value hearing from our users, and are always interested in learning about ways we can improve the Upstream Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.