{"id":621,"date":"2024-06-11T11:18:40","date_gmt":"2024-06-11T11:18:40","guid":{"rendered":"https:\/\/myupah.com\/?page_id=621"},"modified":"2024-06-11T11:38:29","modified_gmt":"2024-06-11T11:38:29","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/myupah.com\/my\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"
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Terms of Service<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
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Welcome to MyUpah!<\/span><\/p>

MYUPAH is operated by MYUPAH TECHNOLOGY SDN. BHD.<\/span><\/p>

MyUpah has integrated with your employer (Employer) to provide participating employees with the MyUpah service, a technology-enabled facility offering flexible, on-demand access to the pay.<\/span><\/p>

This Term and Condition are binding on all user of MYUpah services, facilities and charges\u00a0 <\/span><\/p>

Your MyUpah Agreement (Agreement) is comprised of these MyUpah Terms of Use (Terms), Privacy and Personal Data Policy and your withdrawal of earned wages request.<\/span><\/p>

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Definitions Used in These Service Terms<\/span><\/p>

The following terms used in these Service Terms have the following meanings:<\/span><\/p>

  • \u201cAmount Provided\u201d means the amount of the Available Earnings, exclude our processing fee. Our processing fee is paid separately from the payments to you that we facilitate.<\/span><\/li>
  • \u201cAvailable Earnings\u201d means the\u00a0 Earnings we have agreed to make available to you before your employer runs payroll.<\/span><\/li>
  • \u201cEarned Wage Access\u201d means giving you access to wages that you have earned or early wage access provided as an advance.<\/span><\/li>
  • \u201cPay Cycle\/Payroll date\u201d, the period of time an employee has a contractual right to receive their pay from one payday to the next payday. For our use this is up to 31 days.<\/span><\/li>
  • \u201cMyUpah,\u201d \u201cour,\u201d \u201cus,\u201d and \u201cwe\u201d mean MyUpah Technology Sdn. Bhd.<\/span><\/li>
  • \u201cMyUpah Service\u201d means a Service offered by MyUpah that you can use to access, for a processing fee, some or all of your Earnings.<\/span><\/li>
  • \u201cDispute\u201d means a situation in which your employer questions, objects, denies, challenges, or contradicts the quality, quantity, or other aspect of any of your services that are related to the\u00a0 Earnings, and is unwilling to pay or claims a right to recover any portion of the\u00a0 Earnings.<\/span><\/li>
  • \u201cEarnings\u201d means Salary and the right to payment (e.g., account receivable) payable to you by your employer arising out of services you have provided to your employer or its customers and any other related rights.<\/span><\/li>
  • \u201cUser Content\u201d means, in addition to information that is made available to MyUpah through your use of the MyUpah Service, information about you that you provide MyUpah, including information about your financial, personal, or professional activities.<\/span><\/li><\/ul>

    2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The MyUpah Service Provides Your Employer with Employee Benefit tools<\/span><\/p>

    MyUpah provides software to your employer to help your employer manage and administer a range of its employee benefits, including the provision of Earned Wage Access (EWA) in a cloud powered \u2018ready to use\u2019 software.<\/span><\/p>

    3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The MyUpah Service provides You with Access to Your Earnings, for a Processing fee<\/span><\/p>

    In addition to the information and payroll tools described in Section \u200e2, you can use the MyUpah Service to access, for a processing fee, some or all of the money you have already earned (i.e., your\u00a0 Earnings).<\/span><\/p>

    Here is how this feature works:<\/span><\/p>

    From time to time, you may log into your MyUpah account and ask us to access some or all of your\u00a0 Earnings. The bank account the funds you request to be transferred to is the one provided by you. We will also tell you how much of your Earnings we are willing to provide as per MYUpah Policy and terms and condition of service, and we will disclose our processing fee to you. When you make the transaction will send the Amount Provided to your linked bank account.<\/span><\/p>

    We know that having the right to receive your Available Earnings has associated risks, and we assume these risks based on the representations, warranties, and promises you make in these Service Terms. You agree that the provisions of these Service Terms are designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.<\/span><\/p>

    Before you can use the feature described in this Section \u200e3, you will need fill up the necessary fields on our sign up page on our site (https:\/\/www.MyUpah.com\/) and agree to these terms.<\/span><\/p>

    You must notify us immediately if your linked bank account information changes. If you do not, your MyUpah account and your participation in the MyUpah Service, including your payments or Available Earnings, could be adversely impacted. We are not liable for any of these adverse impacts. We also do not control when your bank posts incoming payments to your linked bank account, so there may be delays which are beyond MyUpah’s control and which you may resolve with your bank. You may also change the linked bank account we have on file with you by updating your banking information on the MyUpah site. You may email us a request for assistance. Available earnings in any given pay cycle might also be adversely affected (or unavailable) if your employer has not settled its outstanding invoices from previous pay cycles with MyUpah.<\/span><\/p>

    We may use third-party service providers to interact with your linked bank account, including obtaining and exercising your authority to manage and initiate debit and credit transactions involving your linked bank account. You authorize us and these third-party service providers to interact with your linked bank account to the extent necessary to provide you the MyUpah Service.<\/span><\/p>

    We reserve the right, in our sole discretion, to delay, suspend, or terminate your access to your MyUpah account, your participation in the MyUpah Service, and payments if we believe there has been fraudulent or suspicious activity related to your MyUpah account.<\/span><\/p>

    4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You Consent to Your Employer Sharing Employment Data with Us and Receiving Data from Us<\/span><\/p>

    The MyUpah Service relies upon information from your employer about you. You consent to your employer sharing employment data required for us to provide the MyUpah Service. This includes:<\/span><\/p>

    • Your name;<\/span><\/li>
    • Your employee identification number;<\/span><\/li>
    • Your contact information (including your email and your mobile phone number);<\/span><\/li>
    • Your earnings and timecard information;<\/span><\/li>
    • Your gross and net pay;<\/span><\/li>
    • Your address, contact number. email address and any contact details;<\/span><\/li>
    • Your Bank Account Details and financial information;<\/span><\/li>
    • Any other related data shared by your employer.<\/span><\/li><\/ul>

      MyUpah only requests information from your employer that is required to provide the MyUpah Service, and such information is not shared outside of MyUpah, other than with regulators, your employer, and MyUpah\u2019s service providers that are necessary to provide the MyUpah Service.<\/span><\/p>

      MyUpah cannot provide retroactive access to Earnings that arose before you established your MyUpah account.<\/span><\/p>

      You may also provide information or content directly to us through the MyUpah Service. You grant and will grant to MyUpah and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to: (A) copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the MyUpah Service; and (B) use your User Content in aggregated and\/or anonymized format in connection with (i) the promotion, advertising, or marketing of the MyUpah Service or (ii) other services we provide to our customers and business partners. You represent and warrant that you have the rights to upload, input, or submit the User Content to the MyUpah Service and grant the foregoing license. MyUpah is not obligated to pre-screen or review User Content, but MyUpah reserves the right to do so to ensure your compliance with these Service Terms. MyUpah will also have the right (but not the obligation) in its sole discretion to disable access to or delete any User Content that it considers to violate these Service Terms or be otherwise illegal. MyUpah may share User Content with your employer, and any third-party service providers, as well as otherwise described in the Privacy Policy.<\/span><\/p>

      5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Terms<\/span><\/p>

      • You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Available Earnings;<\/span><\/li>
      • You\u00a0 are not a Bankrupt or have the threat of any pending Bankruptcy action or any legal proceeding that may threaten the right of repayment of any amount provided;<\/span><\/li>
      • You will not use the MyUpah Service to obtain more Earnings than you have earned, including receiving payments on the Available Earnings from both MyUpah and another person for the same work, absconding from work. If you abscond from work or declared a bankrupt, your available earning will be in trust for our benefit, or if we otherwise learn that you are expected to receive such a payment from your employer or someone other than MyUpah, and in either case we may request the funds be debited from your pay in your next pay cycle in the amount of the Available Earnings, as provided in Section \u200e7, or otherwise provide remittance instructions to you.<\/span><\/li><\/ul>

        6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You Make Certain Representations and Warranties to Us<\/span><\/p>

        You represent and warrant to us on a continuing basis that:<\/span><\/p>

        • These Service Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;<\/span><\/li>
        • The execution, delivery, and performance of these Service Terms by you does not violate any law or the provisions of any agreement to which you are bound;<\/span><\/li>
        • There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these Service Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Available Earnings; and<\/span><\/li>
        • You have not used any name with us or with your employer other than the name you used or verified to establish your MyUpah account.<\/span><\/li>
        • And each time you ask us to access any of your Earnings, you also represent and warrant to MyUpah that at the time of your request:<\/span><\/li>
        • You hold all legal right, title, and interest to and in the\u00a0 Earnings, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the\u00a0 Earnings;<\/span><\/li>
        • The Earnings are presently and unconditionally owing and have not been modified, dismissed, settled, or paid; are not currently past due; and represent the amount owed by your employer arising solely from your actual and timely provision to your employer in the ordinary course of business of lawful services, which you have accurately recorded and described to your employer;<\/span><\/li>
        • The Earnings are not subject to any Dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and<\/span><\/li>
        • \u00a0There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the\u00a0 Earnings or their underlying services.<\/span><\/li><\/ul>

          7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 You Are Responsible for All Disputes Between You and Your Employer<\/span><\/p>

          The MyUpah Service relies upon information from your employer about you. Sometimes your employer might disagree with you about the amount of Earnings you earned or the amount that it owes you. We do not resolve or otherwise become involved in Disputes between you and your employer. Instead, resolving such Disputes is your sole responsibility. You must notify us of any Dispute immediately but in no event more than five days of becoming aware of it, and you must work directly with your employer to resolve the Dispute. A Dispute is resolved when your employer pays the full amount of the disputed Available Earnings. You will provide MyUpah periodic updates, as requested by MyUpah, regarding the status of the Dispute.<\/span><\/p>

          You must resolve any Dispute related to the Available Earnings within 30 days of becoming aware of it. If you are unable to resolve a Dispute related to the Available Earnings within 30 days of becoming aware of it, then MyUpah may receive any amount owing to it from your pay in the next pay cycle.<\/span><\/p>

          8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We may debit your pay from the next pay cycle to correct Errors, Fraud, and Other Breaches of these Service Terms<\/span><\/p>

          You authorize us to debit your pay from the next pay cycle in the amount specified below whenever any of the following events occur:<\/span><\/p>

          • If we pay you an amount you did not request or more than the Amount Provided due to an operational error, then the difference up to the amount of the error;<\/span><\/li>
          • If you directly receive any payment on the Available Earnings from your employer or someone other than MyUpah pursuant to Section \u200e5, or if we learn that you are expected to receive such a payment from your employer or someone other than MyUpah, then up to amount of the Available Earnings you received; or<\/span><\/li>
          • If you otherwise receive or retain an Amount Provided that was determined with respect to Available Earnings in excess of those to which you were legally entitled to receive from your employer, misdirect funds from MyUpah, or commit any other act (or omit any other act) that is a breach the representations, warranties, or promises of Sections \u200e5, \u200e6, or \u200e7 (including if you are unable to resolve a Dispute related to the Available Earnings and did not send us payment), then up to the Amount Provided.<\/span><\/li>
          • If we decide to debit your pay from your next pay cycle, we will notify you at least one business day before we proceed to do so; provided, if we reasonably and in good faith believe that you have defrauded or intend to defraud us, we may notify you contemporaneously with the debit transaction. In addition to exercising the right to debit your pay you provide us in this Section 8, we retain the right to pursue any other remedy permitted by law or equity.<\/span><\/li><\/ul>

            9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We Have the Right of Setoff<\/span><\/p>

            We have the right of setoff, and we may offset against any outstanding or uncollected amounts owed to us by you from any amounts we would otherwise be obligated to furnish to you or any amounts we might otherwise owe you under these Service Terms or any other agreement. In addition to exercising our right of setoff, we retain the right to pursue any other remedy permitted by law or equity.<\/span><\/p>

            10.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Governing Law and Jurisdiction<\/span><\/p>

            This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Service or the Service shall be referred to the Asian International Arbitration Centre (\u201cAIAC\u201d), in accordance with the Rules of the SIAC as modified or amended from time to time (the \u201cRules\u201d) by a sole arbitrator appointed by the mutual agreement of you and the Company (the \u201cArbitrator\u201d). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.<\/span><\/p>

            11.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Customer Support<\/span><\/p>

            Users are invited to contact the Company in the first instance in the event they wish to provide feedback on the use of the Service via the Customer Service email<\/span><\/p>

            You agree to raise any reports on incorrect Service within seven (7) days of you becoming aware of the fraudulent usage of the Services in your name, whichever is earlier.<\/span><\/p>

            12.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 General<\/span><\/p>

            No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Service or use of the Service.<\/span><\/p>

            If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.<\/span><\/p>

            The Terms of Service comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.<\/span><\/p>

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            Terms of Service Welcome to MyUpah! MYUPAH is operated by MYUPAH TECHNOLOGY SDN. BHD. MyUpah has integrated with your employer (Employer) to provide participating employees with the MyUpah service, a technology-enabled facility offering flexible, on-demand access to the pay. This Term and Condition are binding on all user of MYUpah services, facilities and charges\u00a0 Your […]<\/p>","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_canvas","meta":{"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"full-width-container","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-621","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/pages\/621","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/comments?post=621"}],"version-history":[{"count":0,"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/pages\/621\/revisions"}],"wp:attachment":[{"href":"https:\/\/myupah.com\/my\/wp-json\/wp\/v2\/media?parent=621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}