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UPWARM is a Scam!

Upwarm is a scam

Using the same yardstick we used in determining if SWA is a scam, let us now lay down my basis  in concluding that UPWARM is a scam.

But first, just a brief background on UPWARM:

What is UPWARM all about?

UPWARM is another online MLM. Their website can be found here: http://upwarm.biz/

As per their FAQ section, they are a networking business.

What is their product?

Nothing! Their product section is nonexistent. No information at all as to what they sell. But they did say that you get some choco drink after your sign up (more on that below).

How much does it cost you to join?

Their membership fee is P1,499.00.

How do you earn?

Recruit at least two members so basically you earn by recruiting others into their business.

Why is UPWARM a scam?

UPWARM is even worse than SWA.

It is a scam because of the following reasons:

1. It has no products. You earn by recruiting. Earning by recruiting is a prohibited business practice under the Consumer Act of the Philippines.

2. UPWARM’s focus is on recruitment. It does not market any product at all.

Since you earn only by recruitment, its business is qualified as a pyramiding scam under Article 53 of the Consumer Act.  The law prohibits a business practice whereby the members or the corporation earns solely on recruitment. And let me quote again the Department of Trade and Industry on what pyramiding is all about:

…the test to determine whether or not there is a violation [of the Consumer Act] is whether the scheme involves an investment (entry fee and purchase of goods, or purchase of goods alone) for the opportunity to receive earnings primarily from recruiting, rather that from sales. If so, then there is a violation of law.

Other red flags:

1. It is a limited liability corporation/partnership. There is nothing wrong with that per se. However, being a limited liability partnership, once something goes wrong (as what’s going on now – see UPWARM complains here), it will be tough to go after the partner-incorporators.

By the way, the founder of  UPWARM is Rodolfo Miranda, Jr. But nevertheless, since UPWARM is being used as a conduit to facilitate a crime, i.e., pyramiding, the partner-incorporators like Miranda will meet the full force of the law once prosecuted, they will be personally liable for all the crimes and liabilities facilitated and incurred via UPWARM.

2. UPWARM claims that it has its own brand of a choco drink which is called UpWarm Rise Choco Drink. They however did not provide the details of such product. There’s not even a  dedicated product for it. Look, if you believe in your product, you should at least dedicate one webpage for it. How can the people be informed of the quality of your product? This just shows that UPWARM is geared on recruiting rather than selling – and again, that’s against the law.

3. On their website, they did not post their articles of partnership and by-laws. Hence, there’s no information at all as to what were they authorized to engage in. What type of business are they supposed to conduct.

4. Their website was not professionally built. There’s a lot of wrong grammar, no capitalization of letters, etc. Their website is even incomplete and they already launched it. Not a good sign of professionalism. I have a bad experience of scammers modifying their website once they get confronted so before they make a change, I made a screenshot of their website here.

5. No face to face transactions. Just watch this DTI/DSAP advisory why this is prohibited:

6. The corporate/company bank account is actually a personal account (under Miranda’s name). This is a no-no. Funds of the corporation should be placed in a separate account and should not be mixed with the partner-incorporator’s personal account/s. Why? For auditing purposes and taxation purposes. Banks will actually close down personal accounts which are being utilized as corporate accounts (this happened to SWA). This will also invite the attention of the Anti-Money Laundering Council because banks are duty-bound to report dubious or suspicious bank account activities. (This red flag is pointed out by commenter Mr. Rey Macrohon)

Other details:

UPWARM is based in Tarlac City. Their address is as follows:

Caluza Bldg.
Brgy Sto. Cristo
Corner MH del Pilar
Tarlac City

So if you want to file a civil case against UPWARM, i.e., collection of sum of money (in case you want a refund and they don’t want to refund), you still have to go to Tarlac (or other branch offices, if they exist). But your best bet is to file a criminal case so that you can file it in your locality especially so that the transaction was done online. For you to be guided on what to do if you want to sue UPWARM either in court or via DTI or SEC, read this article: http://howard.uberdigests.info/2014/06/04/steps-in-filing-complaints-against-scams-in-the-philippines/

Again please remember, if the company is so focused on recruitment instead of legitimate products, it is a pyramiding scam. Please do not get swayed by their promises of “easy money” or “high returns of investment”. You may earn at first but once the pyramid gets so big, it can no longer sustain its base and you will end up not earning. Worse, your recruits can directly ask you for their investment and by then how can you pay?

Update (June 23, 2014)

Click this link to see the list of Upwarm Victims

Update (July 31, 2014)

Upwarm is now officially declared as a scam! Watch the video below.

REMEMBER: The guidelines I used in declaring UPWARM is a scam is the very same guidelines I used in analyzing SWA and NBO. So it’s just a matter of time before these two other scams will be officially declared as such. Kudos to everyone who helped in bringing down Upwarm!


 

About the author

Howard Chan (The Student)

Howard considers himself as an armchair activist. Though his street rally days are in a slumber he still advocates changes via social media. He is a strong believer that awareness of various social issues is a good starting point in order to break out from the stranglehold of an oppressive system which only benefits the few. He is also a full time student and a part time blogger, part time web designer, part time web manager/designer for various clients. (Note: Howard Chan passed the 2014 Bar Exams and was admitted to the Philippine Bar on April 29, 2015. That being, all posts after April 29, 2015 authored by him are now under the name Howard Chan for the purpose of distinguishing posts he made as a non-lawyer from posts he made after admission to the bar).

19 comments

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  1. Rey P. Macrohon

    Just saw the website, none of the links is working except for the log in page. The company is simply a Limited Partnership (assuming its even registered with SEC or DTI or any agency). One red flag is BDO account use is a personal account. If it is ever a registered company the account name should be under the company name. And I would assume should there be a product bought (if they do have) what you will see as sender is not upwarm but personal name. Major red flag. I would even doubt the address are real. Just like UEP

  2. Howard Chan

    Thanks Rey for pointing that out… I'll include that red flag into the article…

  3. Elvie Roque

    we are innocent members who are affected with this online biz, together with my recuits. waiting for the owner's advice when to release our payouts. we are just depending on facebook updates from other members..just seen this post from my member.

  4. Supreme Wealth Alliance Ultimate

    don't loose hope… there is a Legal and Legit Online and Homebase Business http://www.bit.ly/watch-me-here

  5. Vigilante

    Read also this one –
    http://howard.uberdigests.info/2013/11/19/swa-is-a-scam

  6. GraceBee

    I viewed the site and at first, parang professional naman ang design. Pero, it’s dysfunctional once you go around it. Still under construction pa ata? Weird lang ang FAQ, ba’t andun sa ibaba ng mission-vision? Pwede namang maglaan ng different page for it. And yes, wrong grammar. Tsaka kung basahin mo ang mission-vision nila, parang hindi mo ma-get kung ano ba talaga ang point? LOL

    1. Howard Chan (The Student)

      Oo nga eh. Sa FB posts ng upwarm meron xlang mga product na pinapakita eh.. packed with the UPWARM logo. But why are they not posting it sa “products” web page nila. Again, quite dubious.

  7. Nerie I. Perez

    Buti na lang nde ako nagpaloko dyan at sa swa

    1. Vigilante

      Sadly, marami talaga ang nadale sa Upwarm… 🙁
      marami kc gusto kumita ng pera sa mabilis na paraan 🙁

  8. Jepoy

    Hi Howard, vigilante, gracebee. Tahimik dito no? Wala masyado comments. Hehe

    1. Howard Chan (The Student)

      haha.. oo nga.. palubog na daw itong upwarm eh..

    2. GraceBee

      Haha! LOL. Maybe bcoz the pyramid already crumbled. tsk! Hope the victims will find much needed justice.

  9. Jems

    I got of tired joining online businesses that promise that it will earn 100% or even 120% of your investments but does not have anything to show. But I found a company similar to Upwarm and rather promising which is located at Anonas, Quezon City, named, HP or Hyper Plan. I already joined the company and received 101% earnings even without recruiting or selling. Moreover, they have products like gluta soap, spirulina, grapeseeds, calamansi drinks, etc. If you are interested you can contact me: 0915-3011319 / 0910-7185255. I can even accompany you to our office to see it out. I guarantee you that its legal and promising!!

  10. Sheena Grabillo

    Do u want to work at home? Are you looking for data encoding online? Good news mga kapatid!! May alam akong Company na pwede niong salihan at pagkakitaan khit nsa bahay ka lang. Weekly ang payout ng Sahod. P 2,100 ang weekly potential Income. It's up to you kung gagawin mo tong Part-time or Full time. Kahit sino pwede basta nsa Legal Age, mapa – tambay k man, Student, Working employees, Mommies@home basta alam mo gumamit ng Microsoft Excel Application at masipag ka.

    Requirements:
    1. Must be a legitimate Filipino Citizen and is currently residing in the Philippines.
    2. Age 18 to 45 years old
    3. College/High School level or Graduate.
    4. Basic knowledge on internet and MICROSOFT EXCEL is a must!
    5. Accessibility on internet at home is an advantage.
    6. Must be residing on a place where (PALAWAN EXPRESS PERA PADALA and LBC money transfer services are available. FOR INCOME TRANSACTIONS.
    7. P350 Registration fee.The fee is intended to sustain the resources,task and projects of the company

    COMPANY NAME: Splunkeez Information Technology
    HRD Main – Asis-Mag Roxas City Capiz, Philippines 5800
    LICENSED AND REGISTERED UNDER DEPARTMENT OF TRADE AND INDUSTRY, BUSINESS LICENSING, PHILIPPINES

    For more details, kindly visit http://www.unemployedpinoys.com

  11. Sheena Grabillo

    P350 lng naman ang reg fee sa UEP.. ano b msama dun kung pde k naman kumita?? tska isa pa data encoding un hndi networking eh??.. Kung mxdo ng big deal sa inio P350 what more p kya kung mas mlaking halaga na ang involved? If you dont want to take risk, pra nio n ring snabing YOU DONT WANT TO LEARN 🙂

    1. Jay

      ano yung UEP?

    2. Rey

      Bawi na ba yung 350 binayad mo? Mukhang mas madali kumita sa UEP by recruiting new members ah? 100 per new recruits. so 4 new recruits bawi agad. As compared to actually doing data entry work. P0.32 per line? dibale sana kung cut and paste or retyping lang, you still need to do some research. but even retyping ilang oras in a day before mo kitain ang 350?? at least 2 lines per minute.. for 8 hours.

      1. Data Encoding Online

        Nyeks. Sabi nga di ba pwede mong gwin part-time. Bakit ka mgrerender ng 8hours a day para sa P350? Hello. 1 week ang timeline ng task bago maipasa.

  12. George

    Kaya nga naghahanap ng trabaho para kumita tapos pagbabayarin ka? For maintenance of their website? Ibig sabihin pala poor company ni walang sapat na kinikita para pangmaintenance ng website nila. Nagkalat ang post ng mga UEP sa Ayosdito at iba pang ads site. Kalokohan yan basta may bayad o wala pang job offee bayad muna kalokohan yan!

    1. Data Encoding Online

      Sige nga Mr. George. Anong Data Entry online ang alam mong walang bayad??! 🙂 Pakipost dito ah yung totoo 🙂

      1. Yana

        ODESK.
        FREE to join and VERY LEGIT!! 😀

  13. Swapi Jhen Paus Candeluna

    SWA is 100% legal,we are 100% earning.Happy 2nd year anniversary SW
    A.

    1. nex

      if 100% legal, what product do you sell, do you pay taxes. Even if you do it online, you’re still somewhere in the physical world. And if everyone is already a member, paano pa kikita kung di naman mabenta ang ebooks at sabihin mo nga sakin kung anong ebooks nyo ang mabenta?

  14. Beverly Arraz

    ma'am Swapi, ano pong benebenta nyo sa SWA, may product po ba? paano po kau kumikita? asking only…thanks!

  15. Bebot Desesto

    Mr Howard, di pa kasama jan ang mga nasa UAE or abroad na mga upwarms na natengga ang pera, wala ng bumalik. TSK TSK TSK

  16. Anonymous

    Sheena Grabillo Regardless of the amount, pag naloko ka masakit yun…. Kung data encoding din lang maraming legit companies out there na pag kumita ka saka pa sila magchacharge… 199jobs.com / freelancer.ph / odesk.com … lahat nyan free magregister, charge lang sila ng certain percentage pag binayaran na ang trabaho mo…

  17. George

    I’m working in Accenture right now. So I don’t do online works anymore. You can get online jobs without paying by looking for bidders in projects in Freelancer and Odesk. Those people are looking for team members to complete the task or projects. Of course you need to see investigate if they’re legit. But the bottomline is you don’t need to pay them.

    I still have my contacts, when I was still doing freelance jobs. I was a forum poster, sms operator (chat support), affliate marketer and etc. I got all those jobs without shelling even a cent! I have a paypal they pay me through it.

    You have to be resourceful and your bestfriend is google! 90% of the online job that requires you to pay is bogus the rest is networking or pyramiding!

  18. George

    Gagasto ka ng 350 pesos tapos yun job na ibibigay sayo 8hrs tapos 350 lang?

    Yun job ko dati as a forum poster 7 pesos per post if it’s in english and 12 pesos if it in other language. It’s depends on the language being use in the forum. And they allow up to 3 post in a forum. You just have to make it look that you’re there to participate in the discussion not just to put your link in your signature.

    Kapag gamay mo na mababa na yun 72 pesos per hr. tamad nga ako noon eh 12hrs a day gumagawa ako pero 3 days lang ako gumagawa. 2500 na din yun per week.

    Google lang ninyo makikita ninyo meron pa din. Mas malaking kikitain ninyo if marunong kayo ng SEO. May nagalok sa akin dati trainee sayang di ko tinuloy. Mababa na yun 16k a month dun.

    Try to research also about affliate marketing, blogging (plus SEO technique).

    Nabored lang talaga ako sa homebased job after almost 3 yrs nagapply na ako sa BPO. Ang dami din VA at ESL online teacher. Mas madami nga ngayon eh kaya huwag paloko sa mga may membership o ano pa. Kaya nga kayo naghahanap ng work para magkapera hindi pagkaperahan.

    Good luck

  19. IKE HOFI

    CHARGE THEM FOR SYNDICATED ESTAFA, A NON-BAILABLE OFFENSE, THEY WILL BE IN JAIL WHILE TRIAL IS PENDING,AND WITH THE VIGILANCE OF COMPLAINANTS IN PURSUING THE CRIMINAL CASES, CONVICTION FOLLOWS. OTHERWISE, AS AN EXTRA JUDICIAL WAY, LINE THEM UP IN THE WALL AND SHOOT THEM, ONE BY ONE.

    IKE

  20. Mark C. Tacorda

    Mag-ingat sa kompanya na SCAM, tulad nitong UPWARM LIMITED, CO. I Highly recommended na mag DXN po kayo… http://marktacorda.dxnnet.com | http://dxnbarcelona.dxnnet.com | http://marktacorda.wordpress.com

  21. petraliza cosipag

    i am also a victim of this networking

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