Terms and conditions
The service located at www.Upstream.com.my is a web site (Site) owned and operated on behalf of Upstream BPO (MSC) Sdn Bhd and the Upstream BPO Group (“UPSTREAM BPO”). This legal notice applies to the entire contents of the Site and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Site. Using the Site indicates that you accept this legal notice in full. If you do not accept this legal notice in full, you must leave this Site immediately. The contents of this Site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyrighted. All rights reserved. All Trademarks referred to are the property of their respective owners.
You should assume that everything you see or read on the Site, with the exception of your personal data, is copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Site or with the written permission obtained in advance from the owner. You must contact UPSTREAM BPO for further information.
When you visit www.Upstream.com.my or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.
If you breach any of the terms in this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
The material included in this Site has been compiled from a variety of sources and the Site may include technical inaccuracies or typographical errors. Everything on the Site is provided to you “as is” without warranty of any kind. Accordingly, to the maximum extent permitted by law this site is provided to you on the basis that the owner excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill or implied warranties which, but for this legal notice, might have effect in relation to the Site.
UPSTREAM BPO does not warrant that this Site, various services provided through this Site, and any information, software or other material downloaded from this Site, will be uninterrupted, error-free, or free of viruses or other harmful components.
UPSTREAM BPO makes no warranties or representations as to the accuracy of the Site. UPSTREAM BPO assumes no liability or responsibility for any errors or omissions in the content of the Site. UPSTREAM BPO uses reasonable effort to ensure the accuracy of the Site but reserves the right to change in its sole discretion the Site, in any way and/or at any time, without notice. UPSTREAM BPO may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and UPSTREAM BPO makes no commitment to update such material.
UPSTREAM BPO, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of UPSTREAM BPO’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
UPSTREAM BPO, and any of UPSTREAM BPO’s agents or servants and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) as a result of the unauthorised use or passing off or cybersquatting of this website, domain name, UPSTREAM BPO name or misuse or misappropriation of any other intellectual property belonging to UPSTREAM BPO or its agents or servants.
Nothing in this legal notice shall exclude or limit UPSTREAM BPO’s liability for any liability which cannot be excluded or limited under applicable law.
If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You are permitted to print extracts from the Site for your own personal use on the following basis:
no documents or related graphics on the Site are modified in any way;
no graphics on the Site are used separately from the corresponding text; and
UPSTREAM BPO’s copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by UPSTREAM BPO or its licensors.
For the purposes of this legal notice, any use of extracts from the Site other than in accordance with Clause 12 for any purpose is prohibited. No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without UPSTREAM BPO’s prior written permission.
Any rights not expressly granted in these terms are reserved.
You may not frame or utilise framing techniques to enclose to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of UPSTREAM BPO without express written consent of UPSTREAM BPO.
You are prohibited from posting or transmitting to or from the Site any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site (including, without limitation, by hacking).
UPSTREAM BPO shall fully co-operate with any law enforcement authorities or court order requesting or directing UPSTREAM BPO to disclose the identity or locate anyone posting any material in breach of clauses 17 or 18.
Links on this Site may lead to servers maintained by individuals or organizations other than UPSTREAM BPO. UPSTREAM BPO has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content. If you use these links, you leave the Site. UPSTREAM BPO therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
Images of people or places displayed on the Site are either the property of, or used with permission of UPSTREAM BPO. Your use of these images is strictly prohibited unless specifically permitted by these Terms and Conditions, specific permission provided elsewhere on the Site or you write directly to and obtain permission from UPSTREAM BPO.
All other Trademarks and logos or registered Trademarks and logos found on the Site or mentioned herein belong to their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of UPSTREAM BPO or such third party that owns the Trademarks displayed on this Site. UPSTREAM BPO will enforce its intellectual property rights to the fullest extent permitted by law.
UPSTREAM BPO may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you visit this Site, therefore you should periodically review these Terms and Conditions to which you are bound. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
This legal notice shall be governed by and construed in accordance with Malaysian law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Malaysian courts.