These terms of use (Terms) constitute a legally binding agreement between you and THE UPAL regarding your use of the web site i.e www.upal.com.my (the Site) and any services offered by THE UPAL including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). User/You means any person who accesses or avails this Site of THE UPAL for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of THE UPAL. By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to THE UPAL that you are at least thirteen (13) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of thirteen (13) may utilize the Service of the Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardians registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. You also represent that you are an individual and not a corporation. THE UPAL reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Upal Service after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree with the Terms, please do not use this Site or the Upal Service.
The Upal Service is an online subscription service providing its members with access to property management feature over the Internet to the Upal Service ready devices.
By signing up for the Upal Service, you are expressly agreeing that THE UPAL is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Upal Service through the credit card or other payment method accepted by THE UPAL ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page. THE UPAL shall automatically bill your Payment Method for each subscription period on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method or subscription plan, this could result in changing the calendar day upon which you are billed. If THE UPAL changes the subscription fee or other charges for the Upal Service from time to time, THE UPAL will give you an advance notice of these changes by email. However, THE UPAL will not be able to notify you of changes in any applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and /or services prior to the expiry of the then current subscription period, then THE UPAL shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. In order to sustain the Upal Service, it is important that you honor the payment obligations to which you have agreed. Accordingly, THE UPAL reserves the right to pursue any amounts you fail to pay in connection with the Upal Service. You will remain liable to THE UPAL for all such amounts and all costs incurred by THE UPAL in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys? fees, and arbitration or court costs. You also understand and acknowledge that THE UPAL only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that THE UPAL shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file any complaint related to payment transfer at Site and the same forwarded to the concerned third party payment gateway provider for redressal. Free Trails You may be offered a free trial period at the start of your membership of Upal Service, solely at the discretion of THE UPAL. The duration and the terms of the free trial period shall be at the discretion of THE UPAL and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing will automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trail period ends. Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
You agree to indemnify, defend and hold harmless, THE UPAL, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
THE UPAL reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with THE UPAL?s defence of these claims.
THE UPAL reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Upal Service (including the Content and the devices through which the Upal Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that THE UPAL may do so in its sole discretion. You also agree that THE UPAL will not be liable to you for any modification, suspension, or discontinuance of the Upal Service, although if you are a Upal Services paid subscriber and THE UPAL suspends or discontinues the Upal Service, THE UPAL may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, THE UPAL may credit additional days of service to your account). However, if THE UPAL terminates your account or suspends or discontinues your access to the Upal Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
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