These Terms and Conditions (“T&C”) govern your access to and use of www.myuptech.com.my (the “Site”) including any content, products and services offered on or made available to you through the Site.
UP TECH SOLUTIONS SDN. BHD. and its subsidiaries/partners, collectively called UP TECH SOLUTIONS (“we”, “us”, “UP TECH SOLUTIONS”) reserve the right to change or amend in part or in whole of these T&C from time to time without further notice to you. You are advisable to read these T&C regularly and carefully before using our Site, as by using our Site and services on these platforms, you are confirming that you have read, understood, accepted and agreed unequivocally these T&C and that you will comply with them. If you do not accept these T&C, you should leave our Site immediately.
Anyone below the age of 18 should obtain parental consent in using our Site, services, and for the submission of credit card information when placing an order. We strongly recommend that parents and guardians supervise their children’s use of our Site.
These T&C shall constitute a legal agreement between you and UP TECH SOLUTIONS.
UP TECH SOLUTIONS is a company registered in Malaysia under company under company number 201601043062 (1214004-K) with the registered address at NO 18-2, Jalan Pertama 1, Danga Utama, 81200 Skudai, Malaysia. The term ‘you’ refers to the user or viewer of our website.
2. Data Protection
3.1 An account is needed for you to book through the Site. Registration is free and each UP TECH SOLUTIONS user is only allowed to have one account per valid email address. By registering for an account, you are required to provide your personal information including but not limited to a valid email address, contact number and a unique password. You are also required to provide your credit card information if you choose to pay with your credit card.
3.2 You agree to provide us with accurate, complete and updated information and must not create an account for fraudulent activities or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your unique password. UP TECH SOLUTIONS is not liable for any acts or omissions by you in connection with your account.
3.3 You must not allow others to access your account or mobile phone. In the event that another person uses these methods to access your account, you will be solely responsible for any services they made payment for, and we are not responsible for any losses you suffer.
3.4 You may choose to deactivate/delete your account at any time by contacting us at email@example.com. We may also terminate your account, if in our opinion that:
3.4.1. Your account has been used by another person; or
3.4.2. You are suspected or discovered to have been involved in any fraudulent activities; or
3.4.3 Your conduct is in breach of these T&C, our policies, or involved in any activity which we deem in our sole discretion to be an abuse of the Site.
4.1 All material, information and content furnished by UP TECH SOLUTIONS are protected by copyright and other applicable and relevant laws. By accessing and using the Site and mobile app, you hereby understand, accept and agree that you will not use, copy, duplicate, reproduce, republish, modify, post, transmit, upload or distribute the material, information and content without our prior written consent.
4.2 UP TECH SOLUTIONS and our Professionals will own the copyright of the photos or videos from your photo and/ or video shoot.
4.3 UP TECH SOLUTIONS and our Professionals reserve the rights to use your photos or videos at its own discretion for promotional purposes, including, but not limited to advertising, publicity and marketing campaigns. UP TECH SOLUTIONS will also post your photos or videos on social media channels including, but not limited to Facebook, Instagram, Twitter and Tiktok. By engaging UP TECH SOLUTIONS and our Professionals’ Services, you give UP TECH SOLUTIONS and our Professionals consent for all the photos and videos produced by UP TECH SOLUTIONS and our Professionals to be published or used, and to release all the rights to claim for any profit or further compensation, in whatsoever manner, that may arise from such use.
4.4 You agree to release UP TECH SOLUTIONS and our Professionals from any claims that may arise regarding the use of your photos or videos, including but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
4.5 UP TECH SOLUTIONS will not use your photos and/ or videos without your consent. You have every rights to not grant us consent to use your photos and/ or videos for promotional purposes. Once your photos are being uploaded onto WeTransfer, you have the option to select your Photo Status.
5. Third Party Links
We may provide links to third party sites that may be of interest to you. We do not have access or control over the content of these third party sites and are not responsible for any content in the said third party sites. It is your sole responsibility to read and understand each site’s privacy policies and terms and conditions of the services they offer. If you have any questions or concerns regarding these third party sites, please contact the respective website’s administrator.
6. Booking (Facilitation Services)
6.1. When you have submitted a request to engage the Professional who meets your criteria (preferred location, date and time) via the Site, you will be directed to make the payment for the Services you have requested. All prices are in Ringgit Malaysia (MYR). Prices, products and Services offered on the Site are subject to change without prior notice from time to time at our sole discretion. You hereby agree to pay all fees and charges incurred in connection with your booking including the applicable taxes. Payment method will be via GKASH, online credit/ debit card transactions via our official merchant of payments or bank transfer unless otherwise stated. We reserve the right to refer to your credit card provider. UP TECH SOLUTIONS will not be held liable for any payment made outside the Site or any losses you may suffer as a result of unauthorised use of your credit card by any other party.
6.2 Upon successful transaction, we will email both you and the Professional a confirmation email which details the shooting date, time, type and fees.
6.3 The confirmation email by no means signify your booking of a Professional is confirmed. UP TECH SOLUTIONS reserves the exclusive right to accept or decline your booking for any reason even after your receipt of a confirmation email by UP TECH SOLUTIONS. We may require additional verification or information before accepting your booking.
6.4 The Professional will contact you upon receiving the confirmation email via our in-app chat feature and it will be your sole responsibility to engage with the Professionals to further elaborate the details in your request. For the avoidance of doubt, the Professional Services are provided to you by the Professional you engaged, and not by UP TECH SOLUTIONS. UP TECH SOLUTIONS acts as a reservation system for Professionals.
6.5 It is expected that both Professional and you are to be punctual and arrive at the photoshoot location at the specified time agreed upon booking. Lateness will result in your photo session time being shortened. If you are late, your session length will be reduced accordingly.
6.6 The travel time from Point A to Point B, within the same city and country, is included in your photoshoot session duration agreed upon booking.
6.7 Other Expenses:
6.7.1 The payment made to the photoshoot session and duration agreed upon booking, as detailed on the confirmation email, contributes only towards the Professionals’ time during the session and does not include any other expenses.
6.7.2 UP TECH SOLUTIONS and our Professionals do not provide any items or services for filming, which includes make-up services, uniform, costumes and props.
6.7.3 When applicable, you are responsible for all travel, accommodation, ticketing and transport costs.
7. Shortlisting and Editing
7.1 UP TECH SOLUTIONS is not liable to deliver every photo or video taken during the photo and or video shoot session agreed upon booking. The decision of photos and videos to be delivered to you is left to the discretion of the Professionals.
7.2 The post production and photo editing styles, effects, and overall look of the photos are left to the discretion of the Professionals.
7.3 The Professionals may perform digital retouching of photos which may include, but not limited to blemish removal, creative effects, teeth whitening, and other digital image edits. By using our Services, you agree to hold UP TECH SOLUTIONS and our Professionals harmless for any edits that may be viewed as demeaning. You agree, understand and accept that the quality of a photograph is entirely subjective. UP TECH SOLUTIONS and our Professionals do not cater to specific aesthetic preferences which may include, but not limited to slimming and thinning effect, or removal of objects.
7.4 UP TECH SOLUTIONS will deliver the final production depending on the package you have paid for within 48 hours after your photo and/ or video shoot session via a WeTransfer link.
7.5 Delivery time stated is an estimate and it is not a condition of these T&C. Delayed delivery is not a basis for cancellation of booking or a request for compensation.
9.4 In the event that the Professionals fail to honour the photo or video shoot by not showing up, and/ or force majeure, 100% of the payment made will be refunded to the original mode of payment. This can take up to 60 days, depending on the issuing bank of the credit card used.
9.5 In the event that the Professional arrived late at the photoshoot location, the session length will be extended accordingly.
9.6 All cancellation requests must be made in writing via email to firstname.lastname@example.org.
10. Reschedule Policy
10.1 Free reschedule requests will be granted if the request is made 4 days or more in advance of the photo and or video shoot date. A 25% Reschedule Fee and the applicable tax (“Reschedule Fee”) will be charged for reschedule requests made less than 4 days from the photo and or video shoot date.
11. Your Representation and Warranties
12.1 In the event a conflict, disagreement or problem arises at any point of a transaction or photo and or video session, you and the Professionals agree to communicate with each other first to resolve such dispute by mutual discussions, which UP TECH SOLUTIONS shall use reasonable efforts to facilitate.
You agree to indemnify, defend and hold harmless UP TECH SOLUTIONS, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Parties arising out of or relating to the use of the Site, any transaction made on the Site and your violation or breach of any term of these T&C or any policy or guidelines referenced herein.
14.1 The Services are provided “as is” without any kind of warranty or representations made by UP TECH SOLUTIONS whether express or implied. For example (i) we do not endorse or warrant the conduct, performance, safety, quality, legality or suitability of the Professionals and their product and Services; (ii) we do not warrant the performance of the Site; and (iii) we do not warrant that verification, identity or background checks conducted on our Professionals will identify past misconduct or prevent future misconduct.
14.2 You acknowledge that the entire risk arising out of the use of the Site and or the Services remains with you.
15. Limitation of Liability
15.1 UP TECH SOLUTIONS declares that we will do our best to provide the best service to you. In the event that UP TECH SOLUTIONS fails to deliver our promise due to a fire or other casualty, strike, or other cause beyond the control of UP TECH SOLUTIONS and the Professionals, we will refund 100% of the payment made to you but shall have no further liability with respect to these T&C. In the unlikely event of your photos being lost, stolen or destroyed for reasons beyond the Professionals’ control, this limitation on liability shall also apply. In the event the Professionals fail to perform for any other reason, another photo and or video shoot date shall be arranged based on the Professionals’ earliest availability. The limit of liability shall not exceed the fees stated in the confirmation email. UP TECH SOLUTIONS shall not be liable for any loss or damage whether in contract (including negligence), breach of statutory duty, theft, death or personal injury suffered by you or any other person accompanying you during the photo and or video shoot.
15.2 You agree to waive all claims, and release UP TECH SOLUTIONS and the Professionals from all liability and agree not to bring UP TECH SOLUTIONS and the Professionals to suit for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, theft, death or personal injury suffered by you or any other person accompanying you during the photo and or video shoot.
16. Force Majeure
UP TECH SOLUTIONS will not be liable for unfulfilled duty or delay in delivery caused by any extraordinary event beyond the control of such party including but not limited to, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, pandemic, epidemic, embargo, fire, flood, earthquake, volcanic eruption, and force of nature.
In the event that any one or more of these T&C shall for any reason be found to be illegal, invalid or unenforceable in any respect under the law governing these T&C or in its performance, such illegality, invalidity or unenforceability shall not affect any other provisions of these T&C and these T&C shall be construed as if the illegal, invalid or unenforceable provision were not contained herein.
18. Governing Law
These T&C shall be governed by and construed in accordance with the laws of Malaysia.
19. Contact Us
"Personal Data" is any information which can be used to identify you. This includes but is not limited to your name, nationality, ethnic group, contact details, bank and credit card details, personal interests, email address, face ID, government-issued identification numbers, biometric data, marital status, religion, date of birth, health declaration, financial information.
This Policy may change from time to time; any changes we made to this Policy will be published on this Site.
1 Collection of Personal Data
We collect Personal Data in the ways listed below:-
1.1 Information You Provide
1.1.2 We also collect information contained in your communications with UP TECH SOLUTIONS for Services as well as any of your posts on our blogs or forums. Any Personal Data contained in the emails correspondences and “Contact Us'' messages sent via Site to UP TECH SOLUTIONS shall be used and processed in the manner set out in this Policy. The content of the messages shall be strictly monitored by UP TECH SOLUTIONS. The Site may also contain links to other sites and pages. UP TECH SOLUTIONS shall not be responsible for any Personal Data that you may provide to other entities via the links.
2 Purpose of Processing of Personal Data
By using and engaging UP TECH SOLUTIONS, you hereby agree and consent to UP TECH SOLUTIONS using and processing your Personal Data provided to us, for the purposes as described below:
2.1 To provide you with quality service and security, to operate the Site, to perform our obligations to you and to enhance user experience. For example, we use Personal Data to verify your identity, establish and set up your account, verify or re-issue a password, log your activity, enable your communications with Professionals and provide customer support. The information helps us to develop and improve our services, to understand and analyse our performance as well as your preferences to customise and personalise our service and enhance your experience.
2.2 To ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace. We use personal information to monitor, track and prevent fraudulent activities and other inappropriate activities. We also use this information to monitor content integrity, conduct security investigations and risk assessments, authenticate information provided by you, enforce our Terms and Conditions and comply with applicable laws. We conduct behavioural analytics to achieve the above objectives and if we detect activity that we think poses a risk to UP TECH SOLUTIONS, other users, or third parties, automated processes will restrict your ability to use UP TECH SOLUTIONS.
2.3 To promote UP TECH SOLUTIONS and our services. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to facilitate referral programs or other promotional activities or events.
2.4 To maintain rightful business records, to comply with lawful requests by public authorities and to comply with applicable laws and legal obligations and regulations or as otherwise required by law.
2.5 We will ask for your consent before using information for a purpose other than those set out in this Policy.
i) We use your Personal Data to send you direct marketing communications about our services and promotions from UP TECH SOLUTIONS that may be of interest to you or related services. This may be via emails, mails, push notifications, SMS, telephone call, targeted online advertisements or other medium.
ii) Our processing of your Personal Data for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted according to applicable laws. You have a right to reject direct marketing of any form at any time, by following the opt-out or unsubscribe link attached to each communication or by contacting our support team.
3 Retention of Personal Data
We will only retain your Personal Data for a limited period of time and for no longer than is necessary for the purposes for which we are using or processing it for, including to comply with our legal or regulatory obligations, resolve disputes, and enforce our Terms and Conditions or agreements.
4 Disclosure of Personal Data
We do not sell or rent your Personal Data to third parties for their marketing purposes without your consent. We may use trusted third party companies and individuals to help us analyse, process, and improve our services. We share your personal information with third parties as detailed below:
- With Professionals: When you publish your information and/or share your data with UP TECH SOLUTIONS Professionals, you do so at your own risk. If you choose to share personal information with other users, including Professionals providing you a service via UP TECH SOLUTIONS, such Personal Data is shared with other users as separate controllers. Such sharing of information is limited in scope, and is only intended to improve the services provided by the Professionals and your user experience. While UP TECH SOLUTIONS’ Terms and Conditions require Professionals to keep the information shared with them confidential, UP TECH SOLUTIONS cannot ensure that all users will do so and it is your responsibility to ensure that other users will comply with your standards.
- With Service Providers: We share Personal Data for business purposes with service providers that provide us with services for the purpose of operating the Site, as well as opening and operating your account and solutions. These include, but not limited to, hosting services, billing and payment processors and vendors, debt collectors, credit bureaus or any credit reporting agency, advertisement and marketing partners, cloud storage providers, data analytics providers, insurance and financing partners.
- For Legal Obligations: We share Personal Data with our legal advisors, law enforcement authorities, public agencies or other parties in order to respond to a subpoena or court order, or judicial process, when we believe that doing so is reasonably necessary to comply with legal processes; when we believe it is necessary to disclose Personal Data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of UP TECH SOLUTIONS, our customers, and users.
- For Payments and Fraud Detection: We share Personal Data with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments and transaction conducted via the Site, securing the Site and protecting it against fraudulent activities, unauthorised transactions (such as money laundering), claims or other liabilities;
- With Social Media partners: Our Site includes certain social media features and we share limited Personal Data with such social media platforms and marketing partners, such as Facebook and Google, to promote our services or UP TECH SOLUTIONS. Such features and third party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are governed by their own privacy and cookie policies.
- With our Corporate Affiliates. We share Personal Data with UP TECH SOLUTIONS’s subsidiaries, associated companies, corporate affiliates that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and in the context of a corporate transaction. Personal Data will also be disclosed if we go through a business transition such as a merger and acquisition, transfer of all or a portion of UP TECH SOLUTIONS’ assets, winding up or similar event. In the event that we sell UP TECH SOLUTIONS, related businesses or assets, we will disclose your Personal Data to the prospective buyer. If we or our assets are acquired by a third party, Personal Data held by us about our users will be one of the transferred assets.
5 Where is your personal data transferred to?
When we share your Personal Data, as detailed above, this may include a transfer of your Personal Data to recipients outside of Malaysia and Singapore. If any disclosures of Personal Data mean that your Personal Data will be transferred outside Malaysia and Singapore, we will only make that transfer in accordance with our legal obligations under applicable data protection laws.
At UP TECH SOLUTIONS, we do not take the privacy and security of your Personal Data lightly. Besides striving for the best user experience on the Site and mobile application, we aim to establish trustful relationships with all our customers and users. Having said this, we feel obliged and it is our responsibility to implement legal, technical and organisational measures to protect your Personal Data. To maintain the security and live up to our set standards across the organisation, we work closely with experts in the security industry and aim to deliver solutions to all reported issues.
Besides taking appropriate measures and working with internal teams, we believe in the power of the open web and encourage everyone to contact UP TECH SOLUTIONS if you believe to have detected any breach of security while using or accessing the Site or mobile app. Nevertheless, please also understand that the transmission of Personal Data via the internet is not completely secure. We will do our best to protect your Personal Data, but we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.
7 REQUEST FOR ACCESS AND INQUIRIES
7.1 You may at any time request for access to, rectify or correct of your Personal Data (subject to payment of fees, if applicable), or limit the processing of your Personal Data by UP TECH SOLUTIONS, as the case may be, however subject to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so, please contact our customer service or via e-mail: email@example.com. You may also contact UP TECH SOLUTIONS if you have any inquiries or complaints in respect of your Personal Data provided to UP TECH SOLUTIONS.
7.2 Please note that UP TECH SOLUTIONS has the right to refuse your request to access and/or make any correction to your Personal Data to the extent permitted under the applicable law.
7.3 In the event of any change in your Personal Data, you are obliged to promptly contact and notify the UP TECH SOLUTIONS via email.