1. Introduction
Welcome to UpahJe.my ("Platform", "we", "us", "our"). By accessing or using our platform, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use our platform.
UpahJe.my is a Malaysian freelance marketplace that connects employers with skilled labour and technical talent. Our platform facilitates job postings, applications, communications, and payments between users.
2. Eligibility
To use our platform, you must:
- Be at least 18 years of age
- Be a resident of Malaysia or have legal authorization to work in Malaysia
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete information during registration
- Not be prohibited from using our services under applicable laws
By registering an account, you represent and warrant that you meet these eligibility requirements.
3. Account Registration
To access certain features of our platform, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
4. User Roles and Responsibilities
4.1 Employers
As an employer, you may:
- Post job opportunities and project requirements
- Review and select freelancers for your projects
- Communicate with freelancers through our platform
- Make payments through our escrow system
- Leave reviews for completed work
You agree to provide accurate job descriptions, fair compensation, and timely payment for completed work.
4.2 Freelancers
As a freelancer, you may:
- Create a profile showcasing your skills and experience
- Apply for jobs and submit proposals
- Communicate with employers through our platform
- Receive payments through our escrow system
- Leave reviews for employers
You agree to provide accurate information about your skills, experience, and availability, and to complete agreed-upon work professionally and on time.
5. Platform Services
Our platform provides the following services:
- Job Board: Posting and browsing job opportunities
- Matching: Algorithm-based matching of employers with suitable freelancers
- Communication: Secure messaging between users
- Escrow Payments: Secure payment processing and fund holding
- Reviews: Rating and review system for completed work
- Dispute Resolution: Mediation services for conflicts between users
We do not guarantee that you will find work or hire freelancers through our platform. We are not a party to any agreements between employers and freelancers.
6. Payments and Escrow
6.1 Payment Processing
All payments on our platform are processed through our secure escrow system. When an employer posts a job and a freelancer is selected:
- The employer deposits payment into escrow
- The funds are held securely until work is completed
- Upon completion and approval, funds are released to the freelancer
- Our platform facilitates the payment process but is not a party to the transaction
6.2 Fees
Our platform charges service fees for certain transactions. Current fee structures are displayed on our pricing page and may be updated from time to time. All fees are transparent and disclosed before transaction completion.
6.3 Refunds
Refunds are processed according to our dispute resolution policy. If work is not completed as agreed, employers may request a refund through our dispute resolution process. Refunds are subject to our review and may take 5-10 business days to process.
7. Prohibited Activities
You agree not to engage in the following prohibited activities on our platform:
- Posting false, misleading, or fraudulent job opportunities
- Providing false information about skills, experience, or qualifications
- Engaging in harassment, discrimination, or abusive behavior
- Attempting to circumvent our payment system or fees
- Sharing contact information to conduct transactions outside the platform
- Violating any applicable laws or regulations
- Infringing on intellectual property rights
- Transmitting viruses or harmful code
- Attempting to gain unauthorized access to our systems
Violation of these prohibitions may result in account suspension or termination.
8. Intellectual Property
8.1 Platform Content
All content on our platform, including text, graphics, logos, software, and documentation, is the property of UpahJe.my or its licensors and is protected by Malaysian and international copyright laws.
8.2 User Content
You retain ownership of content you post on our platform, including job postings, proposals, and communications. By posting content, you grant us a non-exclusive, royalty-free license to use, display, and distribute your content on our platform for the purpose of providing our services.
8.3 Work Product
Intellectual property rights for work completed through our platform are determined by the agreement between the employer and freelancer. We recommend that users include clear IP ownership terms in their agreements. We are not responsible for disputes regarding intellectual property ownership.
9. Dispute Resolution
We provide a dispute resolution process for conflicts between employers and freelancers:
- Direct Communication: Users are encouraged to resolve issues directly
- Platform Mediation: If direct resolution fails, either party may request mediation through our platform
- Escrow Review: For payment disputes, our team will review evidence from both parties
- Final Decision: We may make a binding decision based on the evidence provided
Our dispute resolution decisions are final. We reserve the right to release escrow funds based on our review of the evidence.
10. Limitation of Liability
To the maximum extent permitted by Malaysian law:
- Our platform is provided "as is" and "as available" without warranties of any kind
- We do not guarantee the quality, safety, or legality of jobs posted on our platform
- We are not responsible for the conduct of users, whether online or offline
- We are not liable for any indirect, incidental, or consequential damages
- Our total liability is limited to the amount of fees paid by you in the 12 months preceding the claim
11. Indemnification
You agree to indemnify and hold harmless UpahJe.my, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of our platform, your violation of these Terms, or your violation of any rights of another party.
12. Termination
We may suspend or terminate your account and access to our platform at any time for any reason, including:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Extended periods of inactivity
- At our sole discretion
Upon termination, you remain liable for any outstanding fees and obligations. We may retain certain information as required by law.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our platform and updating the "Last updated" date. Your continued use of our platform after such changes constitutes your acceptance of the revised Terms.
15. Contact Us
If you have any questions about these Terms of Service, please contact us:
Email: support@upahje.my
Address: UpahJe.my, Kuala Lumpur, Malaysia
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpahJe.my regarding the use of our platform and supersede all prior agreements and understandings, whether written or oral.