Terms of Use

Welcome to OneUp™, where we believe that business finance should be synonymous with access, options, privacy and competitive bidding.

By using this Website www.oneupvc.com and any associated applications, portals, backend or APIs, or such part thereof (together herein referred to as the “Website”), you agree to the Terms and Conditions as set out herein.

This document sets out the terms and conditions (“T&Cs”) applicable to your access and use of the Website. Please read these Terms and Conditions carefully.

“We” are OneUp™, and “us”, “our” and “VennCap” have a corresponding meaning herein. “You” and “your” refer to the User (User, includes members or guests to the Website), collectively referred to herein as the “Parties”.

By using the Website, you agree to, bind yourself, and deem the contents of these T&Cs as the contracting principles, in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 and the common law of contract, for each and every instance upon which you use the Website, or any part thereof.

Should you not agree to be bound by these T&Cs, please immediately cease your use of or access to the Website. Any and all use shall invoke the T&Cs to be binding between the Parties.

As a preliminary matter, we wanted to highlight that while we are forging new innovative ways to do business and growing our functionality, growth pains are inevitable. Considering this, we humbly request your grace and active collaboration to help us make OneUp™ work for you. So please don’t be shy about telling us what you want and need to have this tool work for you, after all, as a business owner you call the shots and if we earn the privilege of your time, we must make it count.

So, give us a shout at info@oneup.co.za to report any issues, or give us feedback on how we can better your experience.

1. Relationship
The User shall at all times be free-standing and independent from OneUp™. Nothing contained in these Terms shall constitute or be deemed to create an association, partnership, joint venture, agency agreement or the relationship of employer and employee between the Parties.
2. Electronic Communications
By using this Website or communicating with OneUp™ through electronic means, you agree that any communication, whether it’s an agreement, notice, disclosure, or any other message, is legally binding and satisfies the requirement for written communication. As such, any communication sent or received electronically (like emails, online forms, or messages through the Website) is legally valid and considered equivalent to a physical, written document.

3. User License
3.1 OneUp™ agrees to provide the User, at its sole discretion, with a non-exclusive, non-transferable User license to use the OneUp™ Website to be matched with like-minded business financiers whose criteria and risk parameters you meet.
3.2 It is explicitly agreed that such a license and/or access to the Website may at any time be revoked, at the instance and sole discretion of OneUp™ management.
3.3 Content from the OneUp™ Website may not be used or exploited by Users or commercialised for their benefit without our prior written consent.
3.4 You may not use any deep-link, page-scrape, robot, spider or any other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the OneUp™ Website or any of its content.
3.5 Email addresses, names, telephone numbers and fax numbers published on the Website may not be incorporated into any database or used for any marketing.

4. Website Contents & Access
4.1 The Website contents are provided on an “as is” basis without any warranties of any kind, whether express or implied, to the accuracy of the contents of the Website.
4.2 Without limiting the generality of this clause, the following warranties are expressly denied:
4.2.1 The compatibility of the Website with your technology, equipment or software.
4.2.2 The continued, uninterrupted or error-free functionality of the Website.
4.2.3 Access to the Website and/or the right to register and operate an account with OneUp™.

5. Your Use of the Website
5.1. You hereby undertake to use the Website at your own risk.
5.2. By using the Website, you expressly confirm that you shall abide by the Privacy & Security Policy and that same shall be binding upon you.
5.3. The information provided on the Website is for informational purposes only and should not be considered financial advice, and does not constitute a quote, loan approval, agreement or offer.
5.4. Whilst we make every effort to ensure that the information provided on the Website is up-to-date and accurate, you may not assume that the information is up-to-date and accurate and your use of, or reliance on, information provided, is at your own risk.
5.5. By registering a OneUp™ account, you expressly warrant and represent that:
5.5.1. You are a resident of the Republic of South Africa.
5.5.2. You are 18 years of age or older and have full capacity to understand, accept and adhere to the T&Cs.
5.5.3. You own legal business entity or represent a legal business entity.
5.5.4. You will not open, or attempt to open, a OneUp™ account under any name except your own; or use your OneUp™ Account to carry out transactions on behalf of a third party.
5.5.5. You will not use or access any other than your own; or assist any other person in obtaining unauthorised access to any OneUp™ account.
5.5.6. You will not use your OneUp™ account for or in relation to any illegal activity, any prohibited activity, in violation of any laws, statutes, ordinances or regulations, or breach of our T&Cs.

6. Ownership
Notwithstanding anything to the contrary contained herein, OneUp™ will retain all rights, title and interest in and to the OneUp™ Website and Platform (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications, updates, and derivative works thereof, even if effected at the User’s specific instance and request.

7. Changes to Terms
7.1 We may amend our Terms of Use and Privacy Policy from time to time.
7.2 Your use of Our Site indicates that you agree to the Privacy Policy and Terms and Conditions posted on Our Site. If you do not agree, you may not use Our Site.
7.3 All amendments to the T&Cs will be uploaded to the Website. You are advised to review the T&Cs from time to time to ensure that you are up to date with any amendments.
7.4 You agree to view the current version each time you access the Website.
7.5 Your use of Our Site implies that you understand that each time you access Our Site the then-current Privacy Policy will apply.
7.6 Should we have amended the Privacy Policy, this amended version will supersede and replace all previous versions.
7.7 A certificate signed by the administrator responsible for maintaining this Website will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.

8. Collection and Use of Personal Data
8.1 OneUp™ will observe all privacy of information best practices, following the applicable laws of South Africa, including the Protection of Personal Information (POPI) Act 4, of 2013, as amended.
8.2 Please refer to our separate and detailed Privacy and Security Policy for further details hereon.

9. Security
9.1 Notwithstanding our pledge to implement measures in line with good industry practices, to ensure the security of the OneUp™ Website and the physical security of OneUp™’s premises, we cannot guarantee that breaches of security will not take place. Considering this we implore each User to do their part in securing the OneUp™ Website and their Personal Data.
9.2 Users undertake to comply with the Privacy and Security Policy of OneUp™. It is specifically agreed that such Policy shall form an integral part of this T&Cs and that such shall be incorporated herein, read together as if one and the same document.

10. Audit rights
OneUp™ may, from time to time, audit your use of our Website by accessing OneUp™ servers to ensure your compliance with the Terms of Use.

11. Links to third-party Websites
17.1. OneUp™, and the services available through the OneUp™ Website, may contain links to other third-party Websites, API’s or mobile applications, including (without limitation) social media platforms, payment gateways, or live chat platforms (“Third Party Websites”). If you select a link to any third-party Website, you may be subject to such third party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of OneUp™.
17.2. Hyperlinks to Third Party Websites are provided “as is”, and OneUp™ does not necessarily agree with, edit or sponsor the content on third party Websites.
17.3. OneUp™ does not monitor or review the content of any third party Website. Opinions expressed or material appearing on such Websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other Websites, either.
17.4. Users should evaluate the security and trustworthiness of any third party Website before disclosing any personal information to them. OneUp™ does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
17.5. Insofar as the Website contains links to any other internet websites, you acknowledge and agree that OneUp™ does not have control over any such websites, and shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.

12. User – Hosted Environment
The User is prohibited from hosting and or duplicating the OneUp™ Website to any environment, platform or server and may under no circumstances sell or resell any of the OneUp™ products or services other than through the official OneUp™ Website as provided and owned by us.

13. Updates & Upgrades
OneUp™ may from time to time conduct updates and upgrades to the OneUp™ Website, which may temporarily affect the use of the Website. To the extent that the use of the Website will be affected, OneUp™ will as far as reasonably possible provide Users with prior notice of such updates and upgrades.

14. Intellectual Property Rights
14.1 Copyright
14.1.1 Unless otherwise indicated, all Website design, text and graphics are Copyright© OneUp™. All rights reserved. None of the materials may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purpose unless such use is expressly permitted by us or by applicable copyright laws.
14.1.2 To the extent necessary in order to lawfully access and use the services available on this Website, you are granted permission to display, download, save and to print portions of this Website for non-commercial use only; provided that the materials are not modified and any reproduction contains all copyright and other proprietary notices contained in the materials.
14.1.3 OneUp™ User Licence Holders may download and distribute materials in their endeavours to attract downline Users, provided that the materials have not been amended in any way, shape or form.
14.2 Trademarks: The User acknowledges VennCap’s exclusive ownership of all trade names, brand names, trade symbols, logos, slogans, trademarks or services marks, relevant to OneUp™ or VennCap and renounces and acquires no right or title to or in it.

15. Disclaimer, Limitation of Liability and Indemnity
15.1 To the maximum extent permitted by law, we disclaim liability and the User hereby indemnifies and holds us harmless for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation of/to, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however, caused and under any theory of liability arising out of or in connection with:
15.1.1 The use of this Website, or the inability to use this Website by any party; or
15.1.2 Any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
15.1.3 Line or system failure or the introduction of malicious code or viruses, or other technical sabotage, even if we or our employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.
15.2 These limitations on liability and indemnities apply to the benefit of OneUp™ and OneUp™’s affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to that of OneUp™.
15.3 In no event shall OneUp™, its affiliates, directors, officers, employees, contractors, agents and/or any third-party contributors of material to the Website be liable for any costs, expenses, losses and damages of any nature arising out of, or in any way connected with, your use of the Website, your inability to use the Website and/or the operational failure of the Website.
15.4 You indemnify OneUp™, its owners, directors, employees, officials, agents, suppliers or representatives, and keep them fully indemnified from, and against, any loss or damage suffered, or liability incurred by you, or in respect of any third party, which arises from your use of the Website.
15.5 The information provided on this website is for informational purposes only and should not be considered as financial advice, and does not constitute a quote, loan approval, agreement or offer by OneUp™.
15.6 In no event shall OneUp™ or its owners, directors, employees, officials, or agents be liable for the application or outcomes of any loan application you may make.
15.7 In no event shall OneUp™ or its owners, directors, employees, officials, or agents be liable for the accuracy or misrepresentation of any offer made to you by a Funder on the Website. Users shall investigate all.
15.8 OneUp™ does not control or influence funders and therefore cannot control or guarantee that you will receive an offer from a funder on our Website. Each funder reviews

16. Warranties
16.1 During the Active Term, we warrant that the OneUp™ Website will operate and function as set out in these Terms, as would be expected under normal use.
16.2 Notwithstanding the aforementioned, we do not warrant that:
16.2.1 Products and/or services will be free from defects;
16.2.2 Products and/or services will satisfy the User’s requirements;
16.2.3 Products and/or services will operate without interruption or error.

16.3 OneUp™ shall use all reasonable efforts to remedy and repair any significant non-conformances reported to us that can be reasonably identified and confirmed.
16.4 OneUp™ makes no representations or warranties about the accuracy, reliability, completeness or relevance of the information, material, services, software, text, and graphics set out on the Website.
16.5 Whilst OneUp™ has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that the Website will operate error-free, or that any files, downloads or applications available via the Website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.

17. Severability
In the event of any one or more of the provisions of this agreement being, for any reason, invalid, illegal or unenforceable, in whole or in part or in any respect, or if any one or more of the provisions of this agreement operates or would prospectively operate to invalidate this agreement, then and in any such event, such provision(s) only will be deemed null and void and will not affect any other provision of this agreement and the remaining provisions of this agreement will remain operative and in full force and effect and will not be affected or prejudiced therebyLegal Cost

18. General matters
18.1 Assignment: You may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party without OneUp™’s prior written consent; any attempted assignment or transfer in violation of the foregoing will be void.
18.2 Force Majeure: Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, an act of terrorism, riot, natural disaster, failure or diminishment of power, telecommunications or data networks or services, or refusal of approval or a license or right to operate by a government agency or industry regulator
18.3 Domicilium You nominate the address, electronic mail and cell phone number as provided on your User profile as the addresses where you shall receive all communications, legal documents and notices.
18.4 Deemed Receipt: Any notice to be given by either Party to the other shall be deemed to have been duly received by the other Party – if delivered to the addressees:
18.4.1 At its chosen Physical Address by hand during business hours on a business day, on the date of delivery thereof; or
18.4.2 by electronic mail or text message, Data Messages (as defined in the ECT Act) will be deemed to have been received by OneUp™ if and when OneUp™ responds to the Data Messages.
18.4.3 Data Messages sent by OneUp™ to a User will be deemed to have been received by such User when successfully in terms of the provisions specified in section 23(b) of the ECT Act.
18.4.4 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and OneUp™.
18.5 Governing Law: The laws of the Republic of South Africa apply to these terms of use as well as the relationship between yourself and OneUp™ as far as it concerns the use of our Website or any matter that may arise from such use.

19. Contact Us
19.1 OneUp™ is a subdivision of VennCap (Pty) Ltd.
19.2 VennCap (Pty) Ltd is a Private Limited company incorporated under the laws of the Republic of South Africa with registration number 2019/281545/07.
19.3 Our address of establishment is 107 Boardwalk Boulevard, Boardwalk Office Park, Building N2, and we will accept service of all legal documents there.
19.4 Website is located at: www.oneupvc.co.za
19.5 Telephone and support number is +(27)61 5247 631
19.6 Email: info@oneup.co.za

By accessing or continued use of our Website you confirm your acceptance of these Terms you bound yourself to the Terms of Use.