MYMALL2U VENDOR TERMS AND CONDITIONS

This Agreement was last modified on 1st September 2020.

INTRODUCTION

Welcome to mymall2u.my online digital business platform. Please read the following Terms and conditions carefully before using this Site or opening a mymall2u account ("Account") so that you are aware of your legal rights and obligations with respect to Mymall2u Sdn. Bhd. and its affiliates and subsidiaries (individually and collectively, "mymall2u", "we", "us" or "our").

As an online digital business platform service vendors and users on mymall2u collectively agree that :

  1. The actual contract for sale is between respective vendor and purchaser. Mymall2u is not a party to that or any other contract between vendor, purchaser or even our members Mymall2u accepts no obligations in connection with any such contract.
  2. MyMall2u is authorized to collect payment on behalf of vendors
  3. Vendors agreed to comply with Mymall2u policies that maybe updated from time to time.
  4. MyMall2u doesn't hold any vendors products stock at their premises expect samples for display.
  5. MyMall2u reserve right to delete or remove any postings that not in accordance to its policies.


DEFINITIONS

Mymall2u is an online digital business platform provider that would be collecting, reconciling and executing all information and transactions involving the Vendor(s) through the platform as their Digital Business partner for the Vendor defined below.

Mymall2u.my website and/or the Mymall2u mobile app are hereinafter referred to as the "Site".

The "Vendor" (hereinafter refers either to a person, firm, company, cooperatives, corporation or any registered entities that authorized to involve in commence) who offer and perform services or sells products to the Purchaser through the site; whereas the "Purchaser" (hereinafter refers to either a person, firm, company and/or corporation) by whom the offer of service and/or product is accepted and/or purchased through the Site.

THE CONTRACT

All orders are accepted subject to these terms and conditions.

No terms or conditions put forward by Vendor(s) and no representations, warranties, guarantees or other statements not contained in Vendor's quotation shall be binding on the Vendor and not on the Site.

The Contract shall become effective only upon the date of acceptance of Purchaser's order on Vendor's acknowledgement of order form or upon the date of fulfilment of all conditions stipulated in the Contract, whichever is the later.

The Contract shall become effective only upon the date of acceptance of Purchaser's order on Vendor's acknowledgement of order form or upon the date of fulfilment of all conditions stipulated in the Contract, whichever is the later.

If the details of the goods described in Vendor's quotation differ from those set out in the acknowledgement of order form the Purchaser shall hold the Vendor responsible and not the site.

The content provided on this platform is solely for informational purposes. Product representations expressed on this platform are those of the Vendor and are not made by the Site.

Submissions or opinions expressed on this platform are those of the Purchaser(s) posting such content and may not reflect our opinions.


USE OF SERVICE AND THE WEBSITE

Mymall2u do not take any responsibility or agree to indemnify Purchaser for losses suffered arising from such use of and the Vendor irrevocably agree to hold the site harmless and shall indemnify the Purchaser from any losses that may suffer therefrom.

Mymall2u provides services via the platform enabling the sale by the Vendor and purchase of products by the Purchaser.

All parties must agree that mymall2u is a digital Business platform that enables vendors and users/purchasers to conduct trade including as vendors authorized representative to collect payment on their behalf.


SUSPENSION OF LISTING OF PRODUCTS AND/OR SERVICES IN THE PLATFORM

Mymall2u have all the right, in its sole discretion, to delay and/or suspend Vendor's Account or any of their listing of, or to refuse to list, or to de-list, or to require the Vendor not to list, any or all goods that the Vendor makes available to be listed for sale through the platform or be subject to sales traffic activities, if any, provided by Mymall2u.


INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

The Vendors are independent individuals, businesses or entity and they are not associated with mymall2u in any way. MyMall2u is neither the agent nor representative of the Vendor and does not hold and/or own any of the merchandises listed on the Site. Vendor is solely responsible to ensure that they are the rightful owner or hold the right(s) to sell, distribute, retails for products listed at mymall2u

Mymall2u may remove any posting /listing in case of any complaint of intellectual property right filed with us. Vendor(s) shall be liable for any cost incurred in the process.

Mymall2u may at time to time on random basis might request vendors to provide documentary proof of Intellectual Property Rights and vendors must provide within stipulate time period.


COMPENSATION FOR LOSSES

Whilst using the services and/or accessing the platform, any of the Vendor's action(s) cause any losses either direct or indirectly to the Site, the Vendor shall be liable for and compensate the Provider for all costs and expenses incurred or suffered by the site.

In the event of any inquiries, complaints or claims raised by Purchaser due to the said actions by the Vendor, the Vendor shall be solely responsible and liable to the said Purchaser to resolve inquiries, complaints or claims raised within 24 hours.


COMPLIANCE & VIOLATION OF TERMS AND CONDITIONS

The Site may, without any notice, delete postings or restrict or prohibit the Vendor from posting or using specific services on the Mymall2u, terminate the Vendor's access to the platform and the services or take any other measures it deems fit including filing civil action and /or criminal charges on the occurrence of a breach of any of the conditions stated in the Mymall2u's terms and conditions.


DISPUTES AND CANCELLATIONS

The Site encourages the Purchaser(s) and Vendor(s) to attempt and settle conflicts amongst themselves. If for any reason this fails after attempting resolution, aggrieved Purchaser(s) and/or Vendor(s) shall proceed to initiative appropriate step applicable to the aggrieved person without naming the site in any of their claims.

In the event vendor and purchase not able to find an amicable solution to dispute within 14 days from the first date of dispute notified, mymall2u may intervene to work out best solution. In case, the whatever decision taken by mymall2u or its authorized representative if final and shall not be disputed by any parties concern.


SCHEDULE OF PAYMENT TO VENDOR(S)

All payment for purchase of product(s) or services (s) through Maymall2u platform, shall be released to vendor(s) as per schedule below :

1on the 15th day from day of purchaseIf not dispute or complaint received by mymall2u
2on the 5th day upon confirmation of settlement of disputeBoth vendor and purchaser must notify mymall2u upon settlement of dispute or complaint
3On the 45th days off last transactionIn case of termination of account by vendor or mymall2u


PERSONAL DATA PROTECTION

Kindly read to our Privacy Policy, which forms a part of these Terms and Conditions.


TERMINATION

Vendors may terminate their account with 14 days advance written by notifying mymall2u through an email message support@mymall2u.my. Notwithstanding any such termination, Vendor remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Vendors must contact mymall2u after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and conditions.

Mymall2u shall have no liability, and shall not be liable for any damages or losses incurred to Vendors and Purchaser upon termination.

All pending payment to Vendor shall be paid by MyMall2u , 45 days upon their last complete transactions.


GOVERNING LAW

The terms and conditions stipulated herein shall be governed by and construed in accordance with the laws of the Malaysia without regard to the conflicts of law rules thereof. Any controversy, claim or dispute arising out of or relating to these terms and conditions and/or the Vendor Agreement(s) with the Provider will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, the Provider reserves the right to pursue through the courts of Malaysia.

LIABILITY

In any event, the Site shall not be liable for damages of any kind or whatsoever, under any legal theory, arising out of or in connection with the use or inability to use, the Platform, websites and online sites and tools linked to the Platform, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The Site as the authorized Digital Business partner of Vendor, assume no liability for any acts or omissions of Vendor(s).


VARIATION

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.