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Merchant Terms & Conditions

 

Welcome to Maybank Virtual Treats Fair (“Maybank Fair”). Any Merchant who would like to join Maybank Virtual Treats Fair organised by Maybank (insert company number) and utilise the marketing mechanics provided (“Services”) must first and foremost accept all terms and conditions contained within this Agreement. The terms and conditions herein are binding for each and every time the Services are used.

 

 

 

Merchant must read, agree with and accept all of the terms and conditions contained in this Agreement (which includes all terms and conditions incorporated by reference within this Agreement) before becoming a Merchant participating on the Virtual Treats Fair.

 

 

 

If you do not accept the terms within this Agreement or have any questions that our frequently asked questions or help section cannot answer, please contact vtf@interbase.com.my.

 

 

 

Maybank reserves the right to change the terms and conditions contained in these Agreement at any time and in its sole discretion any of with notice in writing to you including but not limited to terminating the Agreement.


Overview

 

The Terms & Conditions contained within this Agreement are integral to the Merchant’s participation in the Maybank Virtual Treats Fair and are as follows:

 

 

 

i.              Maybank Services to You

 

Maybank offers you general services consisting of:

 

  The listing of your products;

 

  Merchant Package & Registration Customer services (Monday-Friday | 9:00am-6:00pm);

 

  Order verification and payment processing;

 

  Delivery and fulfillment coordination

 

 

For more information, kindly refer to Section 2 and Section 6 below.

 

ii.             Products You Can Sell

 

All legal goods with the appropriate legal permits may be sold so long as they comply with all Maybank Policies and the terms herein (“Goods”). Since the Goods are supplied by you, you as a Merchant are responsible for all product warranties, defects, etc. as if you had sold the Goods directly to Maybank platform customers

For more information, kindly refer to Section 4 below.


iii.             Fulfilment

 

Depending on the mode of fulfilment, Maybank provide 2 services, Drop-Shipping and Fulfilment by Maybank.

 

For more information see FULFILMENT section.

 

iv.              Payment

 

Maybank will remit to your bank account the sales proceeds after deducting Fees due and payable to Maybank for offering the Services to you.

 

v.              Your Obligations as Merchant

 

When listing your goods, you must ensure that you have the right to use the advertising materials (photos, text, etc.) you upload onto our site. You are also responsible for returns and all product warranties associated with the purchase made by the Maybank platform customers.

 

vi.           Merchant is not allowed to cease the business relationship with Maybank throughout the Campaign Period (25th November to 27th November 2021).

vii.            Dispute Resolution

 

1. Acceptance

 

A. Any Merchant who wants to join the Maybank Fair Platform and use the Services to sell Goods must accept the terms and conditions of this Agreement ("Terms") without change.

 

B. Maybank reserves the right to change any of the terms and conditions contained in these Terms, the Schedules and Annexes, and any fees, procedures, Policies governing the Services and Maybank Virtual Treats Fair Platform at any time and in its sole discretion by notice in writing to you.

 

These changes will take effect seven (7) days from notification by notice to Merchant or posting on the Maybank Fair Platform. Changes to fees may be posted without notice. Merchant is responsible for reviewing notices and Policies posted on 30th September 2021. Merchant's continued use of the


Services and the Platform following the changes taking effect will constitute the Merchant's acceptance of such changes and if Merchant does not agree to any changes to these Terms or to the Policies, Merchant must first notify Maybank. For the avoidance of doubt, newer versions of the Terms and/or Schedule(s) supersede older versions of the same.

 

C. Use of the Services, Maybank Fair Platform is limited to parties that can enter into and form contracts under applicable law. By entering into this Agreement, you represent and warrant that:

 

i)  you are an adult of at least 18 years of age who is capable of validly entering into the Agreement and performing your obligations hereunder;

 

ii)  where you are a business, that

 

a)  you are, and will remain at all times, a business duly organized, registered, validly existing and in good standing under the laws of the country in which the business is registered;

 

b)  you have all requisite right, power and authority to enter into the Agreement and perform your obligations hereunder; and

 

c)  any information provided and/or made available by you is at all times accurate and complete. You further represent and warrant that you and any person or entity that has a financial interest in your business, or any person or entity you are acting on behalf of:

 

1.    has no affiliation with any Virtual Treats Fair Team members which may result in a potential or actual conflict of interest;

 

2.    has not been barred or otherwise prevented from selling and trading on the Maybank Fair Platform; or

 

3.    has not been involved in any lawsuit or claim that has a bearing on the Agreement.

 

2.   Services - Fees

A. Maybank provides a Virtual Treats Fair Platform (“Maybank Fair Platform”) for third-party buyers to complete transactions and redemption. As set out in the Agreement, as owner or provider of the Goods and vendor thereof, it is necessary for Merchant to ensure the Goods are


legally authorised, accurately described, packaged, shiped, insured, have adequate warranty and after sale obligations applicable by law or by trade are adhered to. The Merchant uses the Services and the Maybank Fair Platform at its own risk.

 

B. The services ("Services") provided by Maybank under the Agreement are classified as:

 

(a) General Services ("General Services") consisting in:

 

i)  The listing and publishing of Content Materials regarding the Goods on the Maybank Fair Platform;

 

ii)  After sales customer care services ;

 

iii)  Order verification;

 

iv)  Management of deliveries and returns;

 

v)  Collection, reconciliation and execution of all Sales Proceeds as payment processing agent for Merchant; and

 

vi)  Other services ancillary to the Services; and

 

(b)  If applicable, additional services that may be provided to Merchant by Maybank or by third parties.

 

C. In consideration of the provision of Services, Maybank will be entitled to charge and invoice Merchant the Fee (i.e. Merchant Package Cost).

 

D. Merchant agrees that the Customer satisfies their obligations to Merchant with regards the Customer Agreement when Maybank receives the Sales Proceeds from said customer. Maybank's obligation to remit funds received by it on Merchant's behalf is limited to the Payment for the Goods.

 

E. Maybank will provide the Merchant with information in relation to each order as necessary under the Agreement.

 

F. Maybank will provide support services to the Merchant by way of coordinating and answering Customer enquiries and processing returns if received damaged goods.

 

G. Merchants agrees that Maybank will provide Merchant with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document the Merchants may issue in compliance with the Laws.

 

3. Sales Proceeds - Payment

 

A. Sales Proceeds will represent an unsecured claim against Maybank. Maybank may combine Sales Proceeds and Payments with the funds of other users of its services. For the avoidance of doubt, Merchant will not receive interest or any other earnings on Sales Proceeds or Payments.

 

B. Unless otherwise agreed in writing, Payments will be made by Maybank to Merchant in accordance with Schedule A.

 

C. Maybank may delay, suspend or cancel any Payment in case Merchant breaches any term of the Agreement or Customer Agreement and any Payment made to Merchant will not in any way be considered as a waiver of Maybank's rights.

 

D. Maybank reserves the right to impose limits on Order or transaction values, on Customers or on Merchant and will not be liable if:

 

i)  Maybank does not proceed with an Order that would exceed said limit; or

 

ii)  Maybank allows a Customer to cancel an Order when the Platform or the Goods are unavailable following the commencement of a transaction.

 

E. To the extent required by the Laws, Maybank will be entitled to withhold any and all taxes, duties, fees and other charges in connection with any Order, Payment or otherwise under the Agreement or the Customer Agreement. If Maybank is required under the Laws or the law of any jurisdiction to deduct or withhold any sum as taxes imposed on or in respect of any amount due or payable to Merchant, Maybank will make such deduction or withholding as required and the amount payable to Merchant will be reduced by any such amount necessary. Maybank will provide Merchant a certificate or any similar document proving that amounts deducted refer to withholding taxes applicable to Merchant.

 

F. Any enquiry or dispute about any Payment will be made by in compliance with the claims/dispute process/policy of Maybank, which may be changed from time to time.


4. Merchant Undertakings

 

 

A. General Undertakings:

 

By using the Services and the Maybank Fair Platform, the Merchant undertakes, represents and warrants that it will:

 

(a)  comply with all applicable laws, treaties, ordinances, codes and regulations in all relevant jurisdictions;

 

(b)  comply with all Policies issued by Maybank with directly and indirectly connected to this Maybank Fair;

 

(c)  be responsible and pay all taxes, duties, fees and other charges arising out of or associated with the Order, the Payment or in any other way owed by the Merchant under the Agreement.

 

(d) will issue a valid invoice to the Customer.

 

(e)  obtain all necessary rights, licenses, permits or approvals required for the offer, advertising and sale of the Goods on or through the Maybank Fair Platform prior to their listing and will provide, as such time as Maybank may so request, copies of these documents to Maybank;

 

(f)  ensure that any information provided by the Merchant under this Agreement, including for the listing ( Content Materials) of the Goods, is accurate, current, and complete and is not misleading or otherwise deceptive;

 

(g)  contract appropriate insurance covering its obligations hereunder as well as for the Goods regardless of the fulfilment model chosen;

 

(h)  ensure that the listing price for any Good offered to Customers will not exceed the price offered by the Merchant outside the Maybank Fair Platform for the same product in like or lesser quantities under similar terms and conditions and, where a lower price is so offered, ensure that the Goods benefit from that lower price;

 

(i)  give Maybank written notice of any requirement or provision of any contract that may conflict with any requirement or provision of the Agreement; and

 

B. Negative Covenants:


 

Merchant further undertakes, represents and warrants that it will not, directly or indirectly:


(a) infringe on any Intellectual Property Rights;

 

(b)  submit any materials that exploit or otherwise exploits persons under the age of eighteen (18) years or display pornographic materials of any kind;

 

(c)  submit any political or religious content;

 

(d)  submit any personally identifying information or private information about minors or any third parties without their consent or the parent's or guardian's consent;

 

(e)  submit any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animal;

 

(f)  conduct activities such as gambling, sweepstakes, raffles and lotteries or participate in any activities related to so-called pyramid or Ponzi schemes, or any other illegal, immoral or antisocial activities;

 

(g) duplicate stock keeping units on the Maybank Fair Platform.

 

 

C. Undertakings in relation to Goods:

 

Merchant undertakes, represents and warrants that:

 

(a)  the Goods are of merchantable quality, fit for their purpose, free from defects, and strictly conforms to their listed specifications;

 

(b)  the Goods and their offer for sale are not prohibited and comply with all relevant laws. Laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria, etc.) and conform with Policies, including prohibited and restricted items;

 

(c)  it has full and unencumbered title in the Goods and in any materials incorporated in the Goods and all the Goods are supplied free of all liens, charges or other security interests;

 

(d)  it will provide the Goods and Products with all legally required documentation (including warranty card, warranty information and invoice) and update the same when legally required;

 

(e)  it will not, directly or indirectly, sell Inadequate Products, or expired (or soon to be expired) Products; and


(f)  it will not, directly or indirectly, sell counterfeit, "replica"s and name brand "knock off" products or products violating any Intellectual Property Rights.

 

D. Warranties

 

Merchant undertakes and warrants that all its representations, warranties and undertakings in this Agreement will be fulfilled and will remain true and correct at all times and will subsist for so long as necessary to give effect to each and every of them in accordance with the Terms. In the event of any of them becoming or unfulfilled, untrue or incorrect, the Merchant will promptly inform Maybank of the same and rectify the situation.

 

5. Maybank’s Rights

 

A. Not with standing any provision in these Terms, Maybank will have the right, in its sole discretion, to delay or suspend listing of, or to refuse to list, or to de-list, or to require the Merchant to renew the Goods list of any or all Goods that the Merchant makes available to be listed for sale through the Platform or be subject to Sales Traffic Activities, if any, provided by Maybank, or to deactivate the Merchant account/s of the Merchant.

 

B. Maybank may in its sole discretion withhold for investigation and/or refuse to process any Order. Maybank may use the services of one or more third party processors or such other service providers in connection with the Services.

 

C. The prices indicated in the Order will not be subject to any variations and, unless otherwise agreed in writing, will include fulfilment costs (e.g., packaging, storing or delivery costs) according to the Fulfilment Model. Maybank reserves the right to reject any particular form of Order or payment for the Goods, and not to honour or accept any discounts, coupons, gift certificates, or other offers or incentives made available by the Merchant.

 

D. Maybank may in its sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any Order. Merchant will stop and/or cancel orders of Goods if so asked by Maybank (in the event that the Merchant has transferred the Goods to the applicable carrier or shipper, Merchant will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper).


6. Use of Tools - Additional Services

 

Under terms and conditions agreed to in the Merchant Packages, the Agreement and/or in a separate agreement, Merchant may be offered the possibility to purchase goods and services provided by Maybank and/or third parties ("Additional Services"). Maybank reserves the right, in its sole discretion and at any time, to amend the terms (including scheduling, suspension and termination), of Additional Services. Payment for Additional Services will be either by deduction from Sales Proceeds, by direct payment or invoice, or by any other means of payment indicated in Merchant Center or as agreed to by the Parties.

7. Confidential Information

 
A.The recipient of any Confidential Information will not disclose that Confidential Information, except to Affiliates, employees, and/or agents on a need to know basis (who will agree in writing to keep said information confidential) . The recipient will ensure that Confidential Information shall only be used to exercise rights and fulfil obligations under the Agreement and keep the Confidential Information confidential. The recipient may also disclose Confidential Information when required by law after giving the other party reasonable notice and the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.

 

B. The rights and obligations of the Parties under this Section will survive the termination of the Agreement.

 

8. Personal Data

 

A. Merchant undertakes, represents and warrants that it will use and process Personal Data:

 

i)  only for the purpose of the execution of the Agreement or Customer Agreement and not disclose it to third parties;


ii)  in accordance with the requirements under the applicable personal data protection law; and

 

iii)  in such manner that ensures Maybank remains in compliance with the requirement under the applicable personal data protection laws. Merchant further warrants that it does implement sufficient security measures to ensure that all Personal Data are securely kept and maintained as required by the applicable personal data protection laws and agrees to subject itself to the necessary audits undertaken by Maybank to ensure compliance of the above warranties and to immediately inform Maybank of any Personal Data incident it becomes aware of.

 

9.   Content Material, Industrial and Intellectual

 

Property Rights

 

A. Merchant represents and warrants to Maybank that it is the owner or has lawful rights with respect to the use of Intellectual Property Rights concerning the Goods and the Content Materials and that it is not aware of any claims made by any third party with regard to any alleged or actual Intellectual Property Right infringement or other claim, demand or action resulting from the Content Material, advertising, publishing, promotion, manufacture, sale, distribution or use of the Goods.

 

B. Merchant undertakes, represents and warrants that:

 

(a)  The Content Materials are not prohibited and comply with the all relevant laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria, etc.) and conform with the Merchant Terms & Conditions.

 

(b)  It will provide accurate and up to date Content Materials. The Content Materials must include all text, disclaimers, warnings, notices, labels or other indications required by law to be displayed in connection with the offer, merchandising, advertising or sale of the Goods and may not contain any sexually explicit (except as expressly permitted in written by Maybank or allowed under applicable Laws), defamatory or obscene materials;

 

(c)  It will not directly or indirectly include in the Content Materials, in the product listing of the Goods, or with the Goods or the Products, any terms and conditions of sale (or of


provision of service) other than those agreed under the Agreement or any Merchant or third-party marketing materials; and

 

(d)  It will not provide any Content Materials, or seek to list for sale on the Platform any Goods, or provide any uniform resource locator ("URL") marks unless it has the right to publish the Content Material;

 

C.  Merchant hereby grants Maybank a royalty-free, non-exclusive, right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially and non-commercially exploit in any manner, any and all of the Content Materials, and to sublicense the foregoing rights to Maybank Affiliates, provided that Maybank will not alter any third-party trademarks.

 

D.  Maybank has no obligation to verify the accuracy, completeness and legality of Content Materials.

 

E.  Maybank retains the right to determine the use and placement of Content Materials, and the structure, appearance, design, functionality and all other aspects of the Platform, the Services, and, if any, the Sales Traffic Activities.

 

F.  As between the Parties, each Party retains all right, title and interest in and to its technology and Intellectual Property Rights. Neither Party acquires any rights in the foregoing from the other Party except as expressly granted under the Agreement; all other rights are reserved, and no implied licenses are granted. Neither Party will attempt to register any distinctive trademarks or domain names that are confusingly similar to those of the other Party.

 

G.  Merchant will not be entitled to use any intellectual property belonging to Maybank without Maybank’s prior approval in writing.

 

H.  This Agreement will not be deemed or construed to create, convey or transfer any Intellectual Property Rights to Merchant and, other than as instructed by Maybank, Merchant will not decompile any software or reverse engineer any software, or other product or process. This Agreement is not a license to use or distribute any software, or other product or process.

 

I.  This Agreement confers to Merchant no rights of ownership or title, license, or other Intellectual Property Rights in any tangible or intangible property, including software (e.g. the Platform, the Merchant Center and any API's or other software) and data (e.g. Sales data, performance data, Customer data, Merchant Center data and Merchant Center name) used, obtained or created under this Agreement. If such rights were nevertheless to have accrued to it


for any reason whatsoever, Merchant will assign, dispose or otherwise transfer (and effect the transfer of) the full and exclusive ownership of all such rights to Maybank or any other party designated by Maybank, free of charge, or for a nominal fee. Merchant will use and process such software and data only for the purpose of the execution of the Agreement, will not claim any Intellectual Property Rights, sell, assign, license, publish, lease or otherwise commercially exploit such software and data, and will immediately cease their use and processing upon termination of the Agreement or if so required by Maybank at any time.

 

J. Merchant undertakes, represents and warrants that it will not, directly or indirectly, participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Maybank solution or technologies, deleting or altering author attributes or copyright notices, and/or fail to obtain all required permissions when using the Platform or Merchant Center to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws.

 

K. Nothing herein contained will be deemed to limit or restrict the rights of Maybank or any third party to assert claims for violation of any Intellectual Property Rights against Merchant.

 

10. Customer Information - Customer Services

 

A. Maybank will be responsible for and have sole discretion to deal with Customers relating to Orders and Merchant will not confirm Orders, deliveries or give any further information about the fulfilment of the Orders to the Customer.

 

B. Maybank will own all information regarding Customers, Orders and the supply of the Services including payments, Fees, disbursements, refunds, Administrative Fees, adjustments, etc. and Maybank will not be liable to pay any royalties or fees to Merchant in connection with the use of any such information.


11.   Returns - Failed Deliveries - Inadequate Products

 

A. Merchant will accept the return of failed deliveries and returned products in accordance with the Fulfillment Policies. Maybank has the right to determine at its sole discretion whether a Customer will receive a refund, adjustment, or replacement, and to require Merchant to reimburse Maybank if Maybank determines that Merchant is liable to do so in accordance with the   Agreement.

 

B. Merchant will promptly notify Maybank of any inadequate product (i.e. wrong product or features)(or the threat of a public or private recall) and cooperate and assist Maybank with returns, including by initiating the procedures for returning Goods or Products to Merchant.

 

C. Maybank will refund Merchant the Commission related to any Failed Delivery or Order returned for Customer convenience.

 

D. In case of Failed Delivery, Maybank will bear:

 

i)  The payment fee, and

 

ii)  Unless the shipping has been arranged by Merchant, the Shipping Cost for the shipment of the Product to the Customer and back to Merchant, all other costs being borne by Merchant.

 

E.  In case of an inadequate product, Merchant will bear all costs associated with the return and refund or replacement, including the Payment Fee, and unless the shipping has been arranged by Merchant, the Shipping Cost for the shipment of the Product to the Customer, from the Customer to Maybank and from Maybank back to Merchant, provided that, where Goods fulfilment by Maybank, is concerned, Merchant will also be debited for any additional Storage Fee and Handling Fee.

 

F.  Maybank has no obligation to accept any returned product. Maybank however may at its sole discretion request that the Product be returned to a designated location for further quality inspection. If Maybank, directly or through a third party of its choice, determines during the quality inspection that the returned product is faulty or damaged, that it cannot be offered to other Customers because of this fault or damage and that this fault or damage has been caused by the Customer, Merchant will not be liable to accept the Returned Product.

 

G.  Maybank will not be responsible for any risk or liable for any claims, demands, liabilities, expenses, losses, cost or damage in connection with any Failed Delivery and Returned Products (including due to a threatened recall) and will claim all costs incurred in that respect from Merchant.

H.  In case of product issue report after 13th December 2021 (hereinafter referred to as billing settlement date), Maybank will transfer the obligation to Merchant to resolve with Customer.


12. Indemnity

 

Merchant agrees to indemnify and hold harmless Maybank and each of its respective officers, employees, directors and agents from, and at Maybank's option defend against, any and all liens, damages, losses, liabilities, obligations, claims, litigation, demands, defences, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including but not limited to third party claims, reasonable attorney’s fees, consultants’ fees, experts' fees and other costs of litigation) .

 

Fulfilment

 

 

1. Fulfilment Models

 

A. Orders for physical products are fulfilled under the following Fulfilment Models:

 

(a)  Drop-Shipping: where Merchant is responsible for delivering of Products to Maybank’s designated location or appointed third party logistics provider, for Maybank to coordinate delivery to Customers;

 

(b)  Fulfilment by Maybank: where Merchant is responsible for delivering the Goods to the location designated by Maybank, for Maybank to coordinate their storage, re-packaging (if necessary) and delivery to Customers ("Logistics Services").

 

2. Drop-Shipping

 

A. Merchant will prepare and ship the Order to Maybank’s designated location according to the lead times specified in the Policies, provided that, where Merchant fails to comply with the deadline, Maybank reserves the right to modify the deadline and/or to cancel the Order.

 

B. Merchant will stop or cancel any Orders if directed by Maybank.

 

C. Merchant will ensure that Maybank is at all times supplied with updated Order shipment tracking information.

 

D. Title and risk of loss for Goods and Products will remain with Merchant, and Maybank will have no liability whatsoever related to the Goods and Products including their shipping, storage, delivery delays, damage or loss.


3. Fulfilment By Maybank

 

A. Overview

 

(a)  These Terms form part of the Agreement and apply if the method of fulfilment of Orders is Fulfilment by Maybank.

 

(b)  Where the method of fulfilment of Orders is fulfil by Maybank, Merchant is responsible for the sourcing and delivery of the Goods to Maybank’s appointed fulfilment centre. The services provided by Maybank comprises of:

 

i)  If offered by Maybank at its sole discretion, pick-up of Goods and transportation to Maybank’s fulfilment centre;

 

ii)  Short-term storage of the Goods for the purpose of fulfilment of Orders;

 

iii)  Picking and packing of Goods for fulfilment of Orders;

 

iv)  After-sales services such as invoice printing (if available), customer service and returns and failed delivery processing in respect of the Goods.

 

B. Inbound Process of Fulfilment by Maybank Goods

 

(a)  Merchant shall submit to Maybank all information required by Maybank in respect of the Goods. Maybank shall have sole discretion to accept or reject any inbound request for Goods submitted by the Merchant.

 

(b)  The agreed details of the Goods shall be set out in an Inbound Order, which shall accompany each shipment of Goods to Maybank’s appointed fulfilment centre.

 

(c)  Unless otherwise agreed with Maybank, the Merchant shall ship the Goods specified in the Inbound Order to Maybank’s appointed fulfilment centre, at the appointment date and time specified in the Inbound Order. If Goods arrive at Maybank’s appointed fulfilment centre outside of the specified appointment date and time, Maybank shall be entitled to either accept the Goods, or reject them to Merchant at the expense of Merchant.

 

(d)  Maybank may, at its discretion, provide the Merchant with pick-up services for the Goods from the pick-up location agreed with the Merchant.

 

(e)  Maybank may also inform the Merchant of any restrictions on scheduling or volumes, and Merchant will comply with such restrictions.

 

(f)  Maybank may, at its discretion and prior to or at the time of agreement on the Inbound Order, request the Merchant to have its delivery personnel or representative be present at Maybank’s appointed fulfilment centre for the time period required by Maybank to inbound the Goods.

 

C. Requirements for Goods

 

(a)  All Goods shall correspond strictly with the details of the Inbound Order. Merchant shall further provide any other additional information required by Maybank to accompany every


shipment of Goods, such as list of barcodes for each item, warranty details, expiry date for each item, as well as gross and net weight.

 

(b)  Maybank reserves the right to reject any shipment of Goods which is not accompanied by a valid and corresponding Inbound Order, as well as any other additional information which the Merchant is required to provide.

 

(c)  In the event that Goods shipped to Maybank’s appointed fulfilment centre do not comply with the Inbound Order or the requirements applicable to said Goods, or are not accompanied by the additional information required by Maybank, Maybank reserves the right to refuse such shipment of Goods.

 

D. Merchant Obligations

 

(a)  Merchant shall be responsible for, and bears all risk and liability for the sourcing, sale, original packaging, product quality and product warranties (if applicable) for all Fulfillment by Maybank Goods. All claims in relation to the Fulfillment by Maybank Goods, whether raised by any relevant authorities, the Customer or any third party, shall be the responsibility of the Merchant, save for any responsibility of Maybank in respect of the Fulfillment by Maybank Fair Services expressly specified in these Fulfillment by Maybank Terms.

 

(b)  Unless expressly agreed to be provided by Maybank, Merchant shall produce a tax or sales invoice (in accordance with the applicable law) and send it to the Customer for every successful sale.

 

(d)  Merchant shall promptly notify Maybank of any actual or potential recall, or safety alert, relating to the Fulfillment by Maybank Goods, and provide all necessary assistance to Maybank in connection with such recall or safety alert. All expenses incurred by Maybank in connection with such recall or safety alert of the Fulfillment by Maybank Goods shall be borne by the Merchant.

 

E. Storage for Fulfilment

 

(a)  Maybank will provide temporary storage services for Fulfillment by Maybank Goods once it confirms inbounding of the Goods at the appointed fulfilment centres, and will keep electronic records that track inventory of Fulfillment by Maybank Goods by identifying the number of Goods stored in Maybank’s fulfilment centres.

 

(b)  Maybank will not be required to physically mark or segregate items from other inventory Goods owned by Merchant. If Maybank elects to commingle the Fulfillment by Maybank Goods with other products of Merchant, both Parties agree that the records of Maybank will be sufficient to identify which products are the Fulfillment by Maybank Goods of Merchant. Maybank may, at its discretion, move and distribute the Fulfillment by Maybank Goods between its local fulfilment centres.

 

F. Fulfilment of Orders

 

(a)  Where a Customer places an Order to an Fulfillment by Maybank Good, Maybank will pick and pack the Goods and ship the Order to the Customer at the address specified in the Order.


Maybank may ship Fulfillment by Maybank Goods together with products sold by Maybank or other sellers.

 

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