We Build a Better Tomorrow
Last Revised: 30 November 2020
These terms and conditions outline the rules and regulations for the use of Upicon's Website, located at http://upicon.my/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Upicon.my if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE THE WEBSITE AS WELL AS ITS SERVICES.
User Accounts and Passwords
Upon the creation and approval of your User Account, you will receive a password and account designation from Upicon. You are responsible for maintaining the confidentiality of the user name and password associated with your User Account, and you are fully responsible for all activities that occur under your user name and password.
You acknowledge and agree that Upicon may, in its sole discretion refuse to establish a User Account or cancel or suspend your User Account if Upicon reasonably believes that the Website or Services have been or may be misused by you or any third party who has obtained access to the Website or Services through your User Account.
You further agree that you will: (a) maintain and update all Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website; and (c) be responsible for all activities that occur under such password or account.
You agree to immediately notify Upicon of any unauthorized use of your user name and password or any other breach of security associated with your User Account, and ensure that you log out from your User Account at the end of each session. You agree not to provide any other individual access to your User Account via your login information.
You agree that Upicon, in its sole discretion, may at any time terminate your password, User Account (or any part thereof) or use of the Website or Services, and remove any Website content from the Site, for any reason, including, without limitation, if Upicon believes that you have violated or acted inconsistently with these Terms of Service.
Unless otherwise stated, Upicon and/or its licensors own the intellectual property rights for all material on Upicon.my. All intellectual property rights are reserved. You may access this from Upicon.my for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Upicon takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on upicon.my are shown in Ringgit Malaysia and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
Upicon currently offers several ways to pay for your order. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Upicon is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to each payment service provider for full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed. The products bought on Upicon.my will be delivered to one address in Malaysia.
Upicon does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Content and Use of Services
As a User of the Services, you agree that the content of information and materials posted on the Website by You is accurate, current and complete. In addition, you represent and warrant as follows:
You will use the Services provided by Upicon solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
You have the right and authority to post all information you post about yourself or others.
You will not provide inaccurate, misleading, defamatory or false information to any other User of the Website.
You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
Your use of the Website and Services provided by Upicon are in accordance with any and all applicable laws and regulations.
Upicon hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms of Service and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. These Terms of Service do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Upicon or any third party. Upicon may terminate this license at any time for any reason whatsoever.
This Website and all intellectual property rights in the Website are owned by Upicon. Upicon reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Website or used in connection with the Services are the trade-marks of Upicon (or its suppliers, partner businesses or third party licensors). Any use or misuse of any trade-marks or brand elements of Upicon or any other content appearing on the Website or in connection with the Services except as provided in these Terms of Service or with the express written consent of Upicon is strictly prohibited. Nothing contained on this Website shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of Upicon.
In addition to complying with these Terms of Service, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.
Upicon encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Website and in connection with the Services provided. Please contact Upicon at email@example.com
Termination of Registration
Upicon reserves the right, in its sole discretion, to terminate your account or access to part or all of Upicon Website and/or Services in the event that MIM determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Service, or have misused the Website or Services in any way.
Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL MIM BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF UPICON, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
Miscellaneous Governing Law
You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of the Services shall be deemed to have occurred in the Malaysia. You agree that these Terms of Service shall be exclusively governed by, construed and interpreted in accordance with the laws of the Malaysia, and the federal laws of Malaysia applicable therein. In the event of a dispute under these Terms of Service, such dispute shall be resolved in the Courts of the Malaysia Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Upicon as a result of these Terms of Service or your use of this Site.
It is the express will of Upicon that these Terms of Service and all related documents on the Website are in English.
These Terms of Service are not assignable, transferable, or to be sub-licensed by you except with Upicon’s prior written consent. Upicon may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Modifications of Terms of Service
The content and material appearing on the Website could include technical, typographical or photographic errors. Upicon does not warrant that any of the materials provided are accurate or current.
Links to External Websites
Your access and viewing of any third party websites or resources is conducted at your own risk.
Websites and Services Provided "As Is"
The Company Parties disclaim the accuracy or completeness of any information, data, submissions, or content accessible through the Website or provided as part of the Services and there is no warranty, either express or implied, in regard to the same.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, THE SERVICES, ANY CONTENT AND ALL OTHER INFORMATION, DATA, SUBMISSIONS, AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
If you have any questions about the Terms of Service, or need to provide notice to, or communicate with,Upicon under the Term of Service, please contact Upicon at cs@Upicon.my
Upicon values your privacy and security but it takes a mutual effort to ensure your protection. If you are aware of how scammers and human traffickers operate, you can avoid becoming a victim. For your safety and financial protection, please read this section to reduce the risk of falling prey to online fraud and illegal activities related to: