Seller Agreement

TSO Industries Sdn Bhd Registration No. 201901032931 (1342261-U) (“Company” or “we” or “us”) welcomes you as a Seller (as defined in the Terms and & Conditions) on our website, https://kelokal.com (the “Website”). Your use of the Website and specific tools for sellers is governed by the following Seller Agreement.

Article 1 – Acceptance of Terms

  • 1.1 Scope of Seller Agreement
    • 1.1.1 The provisions below set out your rights and obligations as a Seller on the Website. You may view a copy of this Seller Agreement through the link set out on the main page of the Website.
    • 1.1.2 This Seller Agreement is to be read together with the Policies and collectively represent a legally binding agreement between you and the Company.
    • 1.1.3 All capitalized terms not otherwise defined herein shall have the meaning ascribed to the same in the Terms and Conditions.
  • 1.2 Use of Services by Seller
    • 1.2.1 The Company provides e-commerce facilities and services via the Website, as more particularly described in Article 2.1 enabling the sale and purchase of Products between Members of the Website and includes Services.
    • 1.2.2 By accessing, browsing and/or using the Website and accessing the tools provided for Sellers, you are deemed to have irrevocably and unconditionally agreed to this Seller Agreement. Please refrain from selling on the Website if you do not agree to any of the terms in this Seller Agreement.
  • 1.3. Amendment of Seller Agreement
    • 1.3.1 The Company shall be entitled at any time and from time to time, to modify, amend or change this Seller Agreement as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website and/or your Seller Central, and you shall thereafter be bound by such modified Seller Agreement. As such, it is your responsibility to regularly visit the Website, view this Seller Agreement and other Policies, and keep yourself updated on any changes made to the same.
    • 1.3.2 Please do not sell on the Website if you are not agreeable to any amendments or modifications of this Seller Agreement. You agree to sell on the Website at your own risk, and your use of the Website and tools for Sellers following any amendment or modification of the Seller Agreement constitutes your agreement and acceptance to be bound by the same.
    • 1.3.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Seller Agreement or your own failure to keep yourself updated on the modifications to Seller Agreement, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
  • 1.4 Company’s Policies to Prevail
    • 1.4.1 You hereby agree and understand that this Seller Agreement, read together with the Terms and Conditions, shall prevail in respect of any matters addressed herein.
    • 1.4.2 In the event of any conflict between any specific terms listed on your Showcase page/ Seller Central and this Seller Agreement regarding such matter, this Seller Agreement shall override such terms and you hereby agree to be bound by the provisions of this Seller Agreement in its entirety.

Article 2 – Services for Sellers

  • 2.1 General Services
    • 2.1.1 In operating the Website, the Company provides the following services for you as a Seller:
      1. advertising and marketing campaigns to promote the Website;
      2. provision of Payment Protection Services for Transactions made via the Website;
      3. feedback rating and review system for Members to submit their comments and rating in respect of Products purchased; and
      4. provision of services such as payment gateway, logistics, and fulfillment services (which may be through third parties).
  • 2.2. Specific Seller Services
    • 2.2.1 As a Seller, you will also have access to the following:
      • Seller Cash. Seller Cash is your account on the Website which is used for Settlement Amount transactions and payment on the Website.
  • 2.3 Seller Rating
    • 2.3.1 We will grade your performance as a Seller on our Website based on such criteria as the Company shall determine from time to time and accord you a Seller Rating.
    • 2.3.2 In the event of any misbehavior on our Website, or any breach of the Terms and Conditions or this Seller Agreement, we reserve the right to review and downgrade your Seller Rating. Our decision is final and cannot be contested.
  • 2.4 Use of the Website
    • 2.4.1 In using the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting unauthorized access to your account. You hereby agree to accept responsibility for all activities that occur under your account.
    • 2.4.2 While using the Website as a Seller, you will not:
      1. post or list inappropriate content or Products on the Website as more particularly described in Article 5;
      2. violate any laws, third party rights, or Company policies including but not limited to policies relating to prohibited items as set out in Article 4.3;
      3. manipulate the price of any Product or interfere with another Seller’s listings;
      4. circumvent or manipulate the fee structure, the billing process or any fees owed to the Company;
      5. take any action that may undermine the feedback or rating systems;
      6. transfer your account to another party without the Company’s consent;
      7. copy, modify, or distribute the contents from the Website and the Company’s Intellectual Property Rights or involving any third party;
      8. harvest or otherwise collect information about the Members or third-parties as may be available on the Website, including but not limited to email addresses, without their consent; and/or
      9. use existing Member’s accounts or create new Member accounts in order to circumvent or avoid, buying or selling limits, and other restrictions by the Company.
  • 2.5 Requirements to Become a Seller
    • 2.5.1 You must be 18 years old and above and must be able to form legally binding contracts to be a Seller on the Website.
    • 2.5.2 To complete the registration, you must submit the following:
      1. a copy of the necessary business licenses or company documents as requested by the Company;
      2. your current and up-to-date contact information including but not limited to your email address, mobile phone number, fixed landline number and residential or an office address (as the case may be);
      3. your bank account information together with documents, as required by the Company, evidencing that the bank account is owned by and in the name of you or your company or business; and
      4. such other information that the Company deems necessary from time to time.
    • 2.5.3 For existing Seller, failure to provide the above documentation within the prescribed period (“Prescribed Period”), the Company reserves the right to terminate or cease the Member’s account without prior notice.
  • 2.6 Rights of Company
    • 2.6.1 General Rights. The Company reserves the right to refuse registration, suspend or cease provision of any Services, terminate accounts, remove or edit the contents, or cancel orders in its sole and absolute discretion.
    • 2.6.2 Right of Removal Due to Breach of Terms or Law. Without limiting other remedies, the Company may limit, suspend, or terminate the Website, its Services, and Member’s accounts, prohibit access to the Website and its contents, delay or remove hosted contents and take technical and legal steps to keep you off the Website if, based on the Company’s sole and absolute discretion, the Company is of the view that you are or may be potentially creating problems or possible legal liabilities, infringing the Intellectual Property Rights of the Company and/or of third parties, in breach of any of the Terms and Conditions or this Seller Agreement or acting inconsistently with the letter or spirit of the Policies.
    • 2.6.3 Repeated IPR Infringement. Additionally, the Company may suspend or terminate your account if you are a recurring infringer of the Intellectual Property Rights of third parties.
    • 2.6.4 Dormant/Inactive Account. Where there are no sales of the Products on your Seller Central or where you have been inactive for more than twelve (12) months, the Company reserves the right to cancel your seller account and/or remove all Product listings in your Seller Central without notice to you.
  • 2.7 Penalties
    • 2.7.1 As a Seller, you hereby agree to the following:-
      1. General Penalties. In the event of any breach of this Seller Agreement and/or the Terms and Conditions, the Company reserves the right to impose such penalties as listed in Appendix A-1.
      2. Specific Penalties. In addition to the general penalties described in Article 2.7.1(1) above, in the event of the breach of specific provisions of this Seller Agreement and/or the Terms and Conditions, the Company reserves the right to impose such specific penalties as listed in Appendix A-2.

Article 3: Service Fees

  • 3.1 Joining as a Seller on the Website is free. However, the Company charges fees for certain Services as stipulated in the Fees Schedule listed in the Seller Zone area of the Website.
  • 3.2 When you use a tool, application and/or service offered by us on the Website that has a fee, you will have an opportunity to review and accept the fees that will be charged for such a tool, application and/or service which you intend to use.
  • 3.3 All fees chargeable on such Services are subject to SST and other taxes under all applicable laws and regulations, and the Company may charge you such SST and other taxes additionally.

Article 4: Listing of Products for Sale

  • 4.1 Pricing of Products
    • 4.1.1 Setting of Prices. You may upload, advertise and offer your Products for sale on the Website, and are at liberty to set your own prices for the same.
    • 4.1.2 Price Manipulation. Notwithstanding the aforementioned, the price stated for each Product must be an accurate representation of the sale and you are not allowed to manipulate the price of any Product, including but not limited to intentionally stating a lower price for the Product but increasing the Shipping Fee unreasonably so as to avoid paying or to pay a lower Transaction Fee. Where you are in breach of this Article 4.1.2, we reserve the right to suspend your Product listing without notice to you and further impose any General Penalty at our discretion.
    • 4.1.3 Charging of SST. Charging of SST. Where you are required by law to charge SST on the Products, you shall ensure any price stated in respect of the Products shall clearly state the SST applicable. You shall issue receipts or tax invoices to Buyers, upon their request or if such issuance is required by law.
  • 4.2. Legality of Products
    • 4.2.1 Legal Requirements. You hereby agree and undertake that all Products sold by you on the Website:
      1. shall be genuine and not counterfeit or replica items;
      2. shall be Products:
        1. (i) which are lawful and legal to be sold in Malaysia and are in compliance with all applicable laws, including but not limited to the Sale of Drugs Act 1952, Food Act 1983, Consumer Protection Act 1999 and the Communications and Multimedia Act 1998;
        2. (ii) which you are legally authorized to sell or provide;
        3. (iii) which are not Prohibited Products, as described in Article 4.3 below; and
      3. do not infringe the Intellectual Property Rights of any third party.
    • 4.2.2 Furnishing of Evidence. Where requested by the Company, you shall immediately furnish such evidence as necessary to prove that:
      1. you have obtained all required approvals, licenses, authorizations and/or certification from all relevant parties including but not limited to the appropriate authorities and/or brand owners or principals for the sale of Products listed by you on the Website;
      2. you are the owner and/or are authorized or licensed to use any Intellectual Property Rights embedded in or used in conjunction with the Products listed by you on the Website.
    • 4.2.3 Failure to comply with Article 4.2.1 and Article 4.2.2 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion. Further, in the event of a breach of Article 4.2.1(1), the Company shall be entitled to impose the Specific Penalty listed in Item 3 of Appendix A-2.
  • 4.3 Prohibited Products
    • 4.3.1 You are not allowed to upload, advertise, offer for sale and/or sell Prohibited Products. For details, please refer to the list of Prohibited Products as set out in Appendix B.
    • 4.3.2 Failure to comply with this Article 4.3 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion.
  • 4.4 Description of Products
    • 4.4.1 Accuracy of Product Description. You shall provide accurate and non-misleading descriptions of the Products, and shall ensure that the following are clearly stated in the said descriptions:
      1. the Original Price for the Products;
      2. the Seller’s Discount (if applicable);
      3. the Discounted Price for the Products (if applicable); and
      4. any additional costs or fees including shipping fees and/or taxes (if applicable).
    • 4.4.2 No Reference to other E-Commerce Business. You shall ensure that any description of Products uploaded to the Product page and/or Seller Store on the Website shall not in any way make reference to, or name any other e-commerce platform or similar/competing business, whether by way of text or images.
    • 4.4.3 Failure to comply with Article 4.4.1 and/or Article 4.4.2 shall be subject to the Specific Penalty as set out in Item 5 and Item 6 of Appendix A-2 respectively.
  • 4.5 Maximum Number of Listings
    • 4.5.1 Each Seller Showcase is allowed to have a maximum of ten thousand (10,000) active Product listings (or any limit as the Company may decide from time to time) at any one time, such figure not to include any add-on items to each Product (“Maximum Listings”).
    • 4.5.2 Notwithstanding the aforementioned, the Company may consider allowing you to have more than the Maximum Listings on a case to case basis and subject to such criteria as the Company may determine.
  • 4.6 Product Enquiries from Members
    • 4.6.1 Where you receive an Enquiry from Members via the Q&A section on your Product page, you shall respond to such Enquiry:
      1. with accurate and complete information; and
      2. in a prompt and efficient manner, within one (1) Business Day from receipt of the said Enquiry, or such other time period as may be required under the Seller Service Levels.
    • 4.6.2 Failure to comply with this Article 4.6.1 shall be subject to the Specific Penalty as set out in Item 7 of Appendix A-2.
  • 4.7 Prohibition on Direct Dealing
    • 4.7.1 As a Seller, you are prohibited from directly entering into a Transaction with a Buyer without using the payment gateway provided by the Company on the Website.
    • 4.7.2 All communications regarding Transactions or potential Transactions with other Members or Buyers shall be made through the Website.
    • 4.7.3 Failure to comply with this Article 4.7 is a major breach of this Seller Agreement and shall entitle the Company to impose the Specific Penalty as set out in Item 8 of Appendix A-2 as well as any and all of the General Penalties.
  • 4.8 Adequate Stock
    • 4.8.1 As a Seller, you shall be responsible to ensure that there is adequate stock of Products to meet demand at all times. Where the stock of Products is inadequate to meet demand, you must suspend the sale of such Products on the Website until adequate stock becomes available again.
    • 4.8.2 Failure to comply with this Article 4.8.1 shall be subject to the Specific Penalty as set out in Item 9 of Appendix A-2.

Article 5 – Uploading of Content

  • 5.1 Requirements for Content
    • 5.1.1 When posting reviews, comments, questions, photos, videos and upload other contents and information on the Website, you must ensure that such content:
      1. is accurate and not misleading;
      2. is not illegal, obscene or threatening;
      3. is not defamatory or libelous;
      4. is not invasive of privacy;
      5. does not include any personal data in contravention of the Personal Data Protection Act 2010;
      6. is not a commercial solicitation, pyramid schemes, chain letters, mass mailings or any form of “spam”;
      7. is not political campaigning in any form;
      8. does not consist of or contain computer viruses or other forms of computer codes, technologies or programs that may harm the Website, or the interests or property of Members;
      9. does not infringe the Intellectual Property Rights of the Company and/or any third party;
      10. does not violate this Seller Agreement, the Terms and Conditions, Privacy Policy or any other policies of the Company as made known to you directly or through the Website; and/or
      11. is otherwise injurious or objectionable to the Company or any third parties.
    • 5.1.2 False identity. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content uploaded by you.
    • 5.1.3 Failure to comply with Article 5.1 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion.
  • 5.2 Removal of content by the Company
    • 5.2.1 No Obligation to Monitor. You acknowledge that the Company shall have the right but not the obligation to monitor and edit any content uploaded by you. Notwithstanding any monitoring, the Company takes no responsibility and assumes no liability for any content posted by you and reserves the right, but not the obligation, to remove any content posted on the Website.
    • 5.2.2 Indemnity. You shall indemnify the Company against all claims resulting from content posted, supplied or uploaded to the Website by you.

Article 6 – Fulfilment of Orders

  • 6.1 Acceptance of Order
    • 6.1.1 Confirmation of Order
      1. Where an Order for a Product has been paid for by the Buyer, the status for the Order will be automatically changed to “Processing” and “Paid”, and you will receive an Order Notification via the Website system.
    • 6.1.2 Acceptance for Pre-Order Products
      1. You may only list a Product as being a “Pre-Order Product” where such Product is as part of an exclusive promotion specifically authorized by the Company. You are not allowed to list any Product as a “Pre-Order Product” in any other circumstances.
      2. For pre-ordered Products, you must state the date when the Product will be ready for delivery.
    • 6.1.3 Non-Compliance
      1. Failure to comply with:-
        • Article 6.1.1 shall entitle the Company to impose on you the Specific Penalty set out in Item 11 of Appendix A-2;
        • Article 6.1.2 shall:-
          • result in the Order being treated as a regular Order, and the provisions of Article 6.1.1 and Article 6.1.2 relating to acceptance of Order shall apply; and
          • entitle the Company to impose on you the Specific Penalty set out in Item 12 of Appendix A-2.
  • 6.2 Delivery of Product
    • 6.2.1 Order fulfillment
      1. You will be required to take all steps to ensure that the Products are shipped out to the Buyer within the applicable lead times for Order fulfillment as set out in the Seller Service Levels.
      2. Once the Product has been shipped out for delivery, you may need to submit the delivery details for the Order, including the delivery company name and tracking number (where the Product is being shipped via courier service) and such other particulars pertaining to the Order as necessary.
    • 6.2.2 Mode of Delivery by Seller
      • You may choose to deliver the Product in any of the following manners:-
        1. Direct Delivery
          1. Time for Completion of Delivery. Where a Product is delivered directly by you, the time for successful completion of delivery to the Buyer shall be within the following delivery times:
            1. from the time, the Buyer completes payment for the Product (being the date the Order status on the Website is updated as “Processing”).
            2. Delivery shall be deemed performed and completed only upon the Order status on the Website being updated as “Completed”.
        2. Local/In-store Pickup
          1. Time for Completion of Delivery. Where a Product is picked up directly by Buyer. Delivery shall be deemed performed and completed only after the Buyer has successfully picked up their Order from your location.
          2. Product Non-Delivered/Non-Traceable after Delivery Time. Where a Product has not been delivered after the Delivery Time above, the Company or the Buyer shall have the right to cancel such Transaction, and you shall be liable for all costs incurred, including all delivery costs as well the costs of refund for the Product.
        3. Courier Delivery
          1. Time for Completion of Delivery. Where a Product is delivered by courier service company engaged by you, the time for completion of successful delivery shall be in accordance with such service levels as practiced by such parties.
        4. Delivery by Third Party Service Providers appointed by Company
          1. The Company may, at its option, provide delivery service and other services relating to delivery to you, in association with third-party service providers. This service shall be provided in accordance with such terms as the Company shall make known to you.
    • 6.2.3 Time Period for Delivery to Buyer
      • You shall take all reasonable actions for the Buyer to receive the Product within the time period specified on your Product page, or where you opt to deliver the Product to the Buyer by way of direct delivery, within the time period stated in Article 6.2.1 above, whichever is earlier.
      • If you fail to deliver the Product within such period without proper, reasonable and acceptable justification, the Company shall be entitled to impose on you the Specific Penalty set out in Item 13 of Appendix A-2, and any and all of the General Penalties at the Company’s discretion. Further, the Company shall not be responsible or liable for any losses or damages suffered by you due to such action as may be taken by the Company and/or the Buyer.
    • 6.2.4 Right of Company to Determine Courier Service ProvidersNotwithstanding Article 6.2.2, the Company retains the right to:-
      1. request that you engage a courier service provider from the Company’s list of preferred courier service providers; and/or
      2. in certain specific cases, nominate a specific courier service provider for you to engage; for the delivery of certain specific Products as shall be made known to you from time to time.
  • 6.3 Loss of/Damage to Product During Delivery
    • 6.3.1 Seller to Bear Loss. Where you engage a courier service company to deliver a Product to the Buyer, and such Product is lost or damaged during delivery, you shall be responsible to bear the costs of refund for such lost or damaged Product to the Buyer notwithstanding that such loss or damage was caused by the courier service company.
    • 6.3.2 Seller to Claim Compensation. Any compensation to be recovered from the courier service company thereafter will need to be personally initiated by you, and not the Buyer.
    • 6.3.3 Right to Use Settlement Amount. For the avoidance of doubt, the Company reserves the right to utilize all or any part of the Settlement Amount to resolve any claims the Buyer may make in respect of the lost or damaged Product.
  • 6.4 Packaging for Orders
    • 6.4.1 Secure Wrapping. You hereby agree that you shall ensure that any and all Products are securely wrapped during the process of transporting and delivery to the Buyer so as to ensure the safety and integrity of the same.
    • 6.4.2 No Use of other E-Commerce Business Packaging. You are strictly prohibited from using branded packaging materials of online e-commerce marketplaces other than Kelokal.com, failing which you shall be subject to the Specific Penalty as set out in Item 14 of Appendix A-2.
  • 6.5 Promotional Free Gifts
    • 6.5.1 You shall be required to honor any free gift promotions to all Buyers as specifically stated in your Product page.
    • 6.5.2 In the event that you fail to comply with this provision, the Company shall be entitled to impose the Specific Penalty set out in Item 15 of Appendix A-2.

Article 7 – Cancellations, Exchange, Return and Refunds

  • 7.1 Cancellation of Order
    • 7.1.1 Cancellation by Buyer
      1. During Processing – only with Seller ApprovalOnce preparations for delivery of the Product is in progress (where the status on the Website is stated as “Processing”), any cancellation will require your approval, subject always to the terms of this Agreement.
      2. No Cancellation After Delivery
        1. Once a Product has been delivered to the Buyer, the status for the Order on the Website shall be changed to “Completed”.
    • 7.1.2 Cancellation by SellerIf any Order or Transaction is cancelled due to reasons attributable to you, including but not limited to unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by you, and/or where Order cancellation rate is not in compliance with the Seller Service Levels, the Company shall be entitled to impose on you any and all of the General Penalties, as well as the Specific Penalty set out in Item 16 of Appendix A-2 at the Company’s discretion.
    • 7.1.3 Cancellation by CompanyThe Company reserves the right, at its sole and absolute discretion, to cancel any Order or Transaction where the Company is of the view that you are in breach or are potentially in breach of any of the Terms and Conditions or this Seller Agreement, or are acting inconsistently with the letter or spirit of the Policies.
  • 7.2 Exchanges, Returns and Refunds
    • 7.2.1 Please refer to the Cancellations, Exchange, Return and Refunds Policy below for further information in relation to your obligations as a Seller in respect of exchange, returns and refunds.
    • 1. Entitlement for Refund/Exchange – Defective or Non-Compliant Product A Buyer shall be entitled to a refund or exchange of a Product in the following situations:

      1. Product is defectiveA Product is defective if it:-
        • is unfit for its intended use;
        • (not fit to be consumed;
        • has a defective design;
        • has been defectively assembled or manufactured; and/or
        • is dangerous or harmful for normal use.
      2. Product does not comply with description/criteriaA refund or exchange is allowed if the delivered Product:
        1. is a different or the wrong product;
        2. has different specifications from that advertised or ordered, such as different function, wrong colour or size;
        3. has missing parts; and/or
        4. is missing items promised (such as free gifts).
      General ExceptionsA Seller may reject any request for returns or exchanges in any of the following cases:

      1. the Product delivered is damaged due to a cause attributable to the Buyer;
      2. the value of the Product has been significantly reduced due to the use or partial consumption thereof by the Buyer;
      3. the value of the Product has been significantly reduced to the extent that such Product is not in a fit condition to be resold;
      4. the packaging of a Product is damaged;
      5. where a Buyer complains of compatibility issues for a Product sold by Seller, where such issues have been clearly and adequately listed and described in the Product page by the Global Seller; and/or
      6. there are other reasonable grounds based on which the Buyer may not be entitled to request for refund or exchange, as may be decided by the Company.
      2. Entitlement for Refund/Exchange – Change of Mind Any request by a Buyer for refund or exchange of a Product due to Buyer’s change of mind, which is not due to any other reason (such as Product being defective), shall be subject to the Seller’s approval at all times.

      The Seller is entitled to reject any such request by the Buyer in such instance.

      N/A
      3. Non-Returnable/ Non-Exchangeable Products – Change of Mind No request by a Buyer for refund or exchange of a Product solely due to Buyer’s change of mind, can be entertained for refunds or exchange of Products in the following categories:-

      1. Consumer electronic items;
      2. Lingerie, underwear or other intimate apparel;
      3. Swimsuits;
      4. Beauty products and cosmetics;
      5. Fragrances;
      6. Customised products;
      7. Electronic vouchers for goods and services (vouchers downloadable immediately  upon payment of purchase price);
      8. Compact discs (CD) and Digital Video Discs (DVD);
      9. Pharmaceutical products;
      10. Perishable foods;
      11. stays;
      12. Events and tickets;
      13. Performed services; and
      14. Bouquets.
      Please note the following exceptions:-

      1. (a) consumer electronic items may be accepted for return if they are unopened in original packaging (with untampered seal on box); and
      2. electronic vouchers related to travel products and services may be refundable subject to such specific terms and conditions as more particularly described in Article B.I.4 below.
      4. Specific Provisions for Electronic Vouchers relating to Travel Products and Services
      1. 1. Obligation of Sellers relating to E-voucher and ServicesA Seller who sells electronic vouchers relating to travel products and services (“e- voucher”) on the Website must ensure the following:-
        1. Clear Directions for Redemption. Seller must state clearly on the Product page, in BOLD and in RED lettering the following:-
          1. the redemption period of the e-voucher;
          2. (the validity period of the e-voucher; and
          3. the method of redemption for the e-voucher, which must, inter alia, specifically state that the Buyer is required to contact the Seller directly to redeem the e-vouchers purchased.
        2. Minimum 14-Day Redemption Period. All e-voucher must have a minimum redemption period of at least fourteen (14) days from the date of purchase by the Buyer.
        3. Minimum 7-Day Validity Period. All e-voucher must have a validity period of at least seven (7) days from the date of purchase by the Buyer.
        4. Valid Contact Details. Seller must provide at least two (2) valid contact numbers and one (1) valid email address on the Product page in order for the Buyer to make any reservations or bookings.
        5. Prompt Response Time. A Seller shall be responsive to any requests or queries received from Buyers as required under the Seller Agreement. Where a Buyer is unable to contact a Seller and requests assistance from the Company, we will attempt to contact the Seller on the Buyer’s behalf, and if no response is received within three (3) days of our first attempt, the Company shall be entitled to cancel the transaction and full refund will be made to the Buyer.
      2. 2. Special Terms for Payment of Settlement AmountNotwithstanding anything contained in the Settlement Agreement, the transfer of the Settlement Amount to a Seller for the sale of any e-voucher shall be as follows:
        1. Standard Payment Processing Period: payment of the Settlement Amount to the Seller shall be effected thirty (30) days from the date of Purchase Confirmation.
        2. Expedited Payment Processing Period: in certain circumstances, the Company may designate certain Sellers as trusted Sellers (depending on track record, company size and such other criteria as the Company may decide), and in such instance payment of the Settlement Payment to such Seller shall be effected three (3) days from the date of Purchase Confirmation.
      3. 3. Circumstances Entitling RefundA Buyer may claim for a refund of e-voucher only in the following circumstances:
        1. a Buyer is unable to redeem the e-vouchers due to there being no availability or all dates/times are fully booked;
        2. a Buyer is unable to secure a confirmed date from the Seller for redemption of the e-vouchers;
        3. the Seller is uncontactable;
        4. material information in the Product page for the e-vouchers is misleading and/or inaccurate; or
        5. any of the terms and conditions of the e-vouchers are inherently unfair (as determined by the Company);
      4. PROVIDED that:-
        1. the request for refund is submitted within sixty (60) days from the date of purchase; and
        2. the refund is not due to:-
          • Buyer failing to use the e-voucher within the validity period through no fault of the Seller; or
          • Buyer purchasing the wrong e-voucher.
      5. 4.   Refund Amount (p) Subject always to Article B.I.4 above, the refund amount due to the Buyer shall be dependent on when the request for refund is submitted.
        1. Refund Within 14-Day PeriodWhere the Buyer’s request for refund is submitted during the period:
          1. within one(1) days to three (3) days from the date of Purchase Confirmation – Buyer shall be entitled to a refund of eighty percent (80%) of the purchase price for the Travel Tickets (“Purchase Price”);
          2. within three (3) days to seven (7) days from the date of Purchase Confirmation – Buyer shall be entitled to fifty percent (50%) of the Purchase Price.
        2. (b) Refund After 7-Day PeriodThe Seller is entitled to reject any request for refund made by a Buyer more than seven (7) days after the date of Purchase Confirmation. Where a Seller chooses to proceed with a refund, such shall be upon such terms and conditions as the Seller may determine.
      N/A
      PART B – RETURNS, REFUNDS AND EXCHANGES
      II – Process for Returns, Refunds and Exchanges
      Requirements Description Applicable Conditions
      1. Standard Process Unless otherwise specifically provided under this Policy or the Seller Agreement, the process for refund or exchange of Products shall be as follows:

      1. (a)the Buyer submits request for refund or exchange of Product (“Request”) through the Website or the Customer Service Centre;
      2. (b) the Seller will receive notification of such Request;
      3. (c) the Seller must either approve or reject the Request within three (3) Business Days from date of notification;
      4. (d) the Buyer returns the Product to the Seller;
      5. (e) the Seller shall assess and review the Product returned;
      6. (f) based on the condition of the Product returned, the Seller shall either approve or reject the refund or exchange of the Product; and
      7. (g) where refund or exchange is approved, the Seller must deliver the new Product or refund the purchase price to the Buyer.
      N/A
      2. Submission of Request
      1. (a) A Request shall, at the first instance, be made directly to the Seller via the automated Request button on the Website.
      2. (b) The Buyer shall be required to submit all evidence to support the Request through the Buyer’s MyPage section on the Website. The evidence shall include such information as order number, invoice number, date of purchase and payment, justification for return/exchange and such other information that will be necessary for the processing of such request.
      3. (c) The processing of the Request may be delayed in the event the Buyer does not wish to provide any evidence, or where the Buyer provides insufficient evidence to support the Request.
      The Seller and/or the Company shall have no legal obligation to entertain any Request if the Buyer is unable or refuses to provide evidence to support the Request.
      3. Time Limit for Submission of Request A Buyer must submit the Request within the time limits set out below:-

      Status and Type of Product Time Limit Applicable
      Product Successfully Delivered
      1. for Products under the special promotions as may be declared by the Company within fourteen (14) Business Days from the Order Complete Date
      2. all other Products within seven (7) Business Days from the Order Complete Date
      Product Not Delivered within twenty-five (25) Business Days from the Payment Complete Date
      e-voucher within sixty (60) Business Days from the date of Payment Complete Date.

      For the purpose of this Article B.II.3 and this Policy:-

      1. “Order Complete Date” shall refer to the date the Product is delivered to, and received by the Buyer
      2. “Payment Complete Date” shall refer to the date payment was made for the Product;

      of a Product as recorded and stated on the Website.

      The Seller and/or the Company shall have no legal obligation to entertain any Request where the Request is submitted beyond the time periods stated in Article B.II.3.
      4. Approval/Rejection of Request by Seller
      1. Upon receipt and notification of the Request, the Seller shall, within three (3) Business Days from the date of receipt of same either:
        • accept the Request; or
        • reject the Request;
      2. Where the Seller rejects the Request, the Seller must provide the Company with all required documents or evidence supporting such rejection.
      3. (c) Any rejection by the Seller shall nonetheless be subject to the Seller Agreement, and the Company may override the Seller’s decision if it deems that the Seller’s rejection is unreasonable.
      N/A
      5. Return of Product by Buyer to Seller
      1. Upon confirmation of acceptance of request for refund or exchange pursuant to Article B.II.4 above, parties shall, within three (3) Business Days, arrange for the return of the Product as follows:-
        1. Change of Mind by BuyerBuyer must deliver the Product to the Seller, unless the Seller waives the requirement for the Buyer to return the Product to claim for a refund. All costs for such return delivery of the Product to the Seller, shall be borne by the Buyer unless Seller agrees to bear the same.>
        2. Product Defective or Not Compliant with SpecificationsSeller shall arrange for pick-up of the Product from the Buyer at Seller’s own cost and expense (unless Seller waives the requirement for the Product to be returned for the Buyer to claim for refund or exchange).
      2. Unsuccessful Return to SellerIf a delivery of the returned Product to the Seller is not successful due to reasons that include but is not limited to incomplete/incorrect address or loss of contact with the Seller, the Company may:
        1. upon request by the Buyer, pick up the returned Product from the Buyer within three (3) Business Days of the Buyer’s request; or
        2. request the Buyer to send the returned Product to the Company’s warehouse.

        Where the Seller remains uncontactable within Seven (7) Business Days of the Product pick-up or return to the store, the Company shall be entitled to permanently dispose of the Product with all costs for pick-up and disposal to be borne by the Seller.

      3. Loss or Damage During Return Delivery to Seller
        1. Where the Seller engages a courier service company to pick up a Product from a Buyer for return pursuant to Article B.II.5(1) above, and such Product is lost or damaged during return delivery, the Seller shall be responsible to bear the costs for such lost or damaged Product notwithstanding that such loss or damage was caused by the courier service company.
        2. Any compensation to be recovered from the courier service company thereafter will need to be personally initiated by the Seller, and not the Buyer.
        3. (For the avoidance of doubt, the Company reserves the right to utilise all or any part of the Settlement Amount to resolve any claims the Buyer may make in respect of the lost or damaged Product.
      The Seller and/or the Company shall have no legal obligation to entertain any Request where the Buyer fails to return the Product.

      Where attempts to reach the Buyer regarding the return of the Product remain unsuccessful more than seven (7) days from the date on which the Buyer submitted the Request, the Buyer shall be deemed to have withdrawn its request and the Company may take all such necessary action, including releasing any deferred Settlement Amount to the Seller.

      6. Review of Returned Product
      1. Seller Review and AssessmentUpon receipt of the returned Product from the Buyer, the Seller shall review and check the same to assess whether it is in an acceptable and saleable condition for refund or exchange. The Seller is entitled to reject the refund or exchange of a Product that:
        1. has been consumed or is showing excessive wear and tear for the period of use;
        2. has been used in a manner not fit for its purpose;
        3. has torn or dirty packaging; and/or
        4. is no longer in working condition.
      2. Delay of Decision by SellerThe Seller may delay the decision on the return or exchange of a Product in the event that:
        1. the delivery fee for returning the Product is still owing by the Buyer (where Buyer is liable for such fee) to the Company and/or third party (as the case may be); and/or
        2. any free gift included with the Product has still not been returned by the Buyer;

        provided always that the Seller shall update the Buyer or the Customer Service (as the case may be) on the delay and to provide a timeline within which the Seller’s decision on the request by the Buyer for the said return or exchange of the Product will be submitted. The Company reserves the right to take any such action necessary to address and resolve the Buyer’s claim if the timeline stated by the Seller is, in the Company’s view, unreasonable.

      N/A
      7. Final Decision on Refund or Exchange
      1. Once the assessment and review of the Product are completed pursuant to Article B.II.7, the Seller shall provide a final decision to either approve or reject the requested exchange or refund of the Product no later than three (3) Business Days from the receipt of the returned Product from the Buyer pursuant to Article B.II.5 above or by any revised timeline pursuant to Article B.II.6.
      2. In the case of:-
        1. approved exchange of the Product, the Seller shall deliver the new Product to the Buyer promptly;
        2. approved refund of the Product, the Seller shall refund the purchase price to the Buyer, which shall be carried out by the Company deducting the purchase price from the Seller’s deferred Settlement Amount or such other method as the Company deems fit.
      N/A
      8. Automatic Acceptance for Non-Response by Seller In the event that:

      1. the Seller does not respond to the Buyer’s request for a refund or exchange of Product (prior to return of Product to the Seller) within the period set out in Article B.II.4 above; or
      2. where the Seller does not provide any decision on the refund or exchange of a Product within the period set out in Article B.II.7 above;

      it shall be deemed that the request by the Buyer has been accepted and the Company will immediately proceed with the refund or exchange process.

      N/A
      9. Costs for Return of Products The costs for the return of Products shall be borne as follows:

      1. No Defect/No Fault of Seller or Change of MindWhere a Product is returned due to no fault of the Product and/or the Seller or the Buyer’s change of mind, the Buyer shall bear the costs for such return.
      2. Defective/Non-Compliant ProductWhere a Product is returned due to:
        1. the Product being defective; and/or
        2. the Product not complying with description or criteria on the Product page, the Seller shall bear the costs for such return.
      3. Delay in DeliveryWhere the Product is returned due to an unreasonable delay in delivery of the Product over and above the Seller Service Level then prevailing, or where there was a late or wrong delivery made by the courier service company engaged by the Seller, the Seller shall bear the costs for such return.
      N/A
      10. Method of Refund The payment of refunds (“Refund Amount”) under this Policy shall be effected as follows:-

      Type of Payment Method of Refund
      (a) Credit card payments Credit card transaction shall be canceled and Refund Amount shall be transferred back to the credit card used for the original payment.
      (b) Online banking and debit card payments Refund Amount shall be transferred into the bank account used forthe original payment.
      The methods of refund stated in this Article B.II.10 shall be subject to such further rules and processes as may be imposed by the Company from time to time.
      11. Partial Refund
      1. 1. Circumstances Where Partial Refund May be Allowed
        Where:-

        1. a Buyer purchases several Products in one order, but the Seller has failed to deliver the Products in full resulting in one or more Products not being included in the delivery; or
        2. a Seller delivers a Product to a Buyer with missing items or parts; or
        3. a Seller delivers a Product to a Buyer with a missing free gift despite advertising the same on the Product page, the Buyer may opt for a partial refund in respect of such non-delivered Products or missing items.
      2. Refund in respect of the non-delivered Products or missing items as well as the return shipping fee in respect of the same (if applicable) shall be deducted from the Settlement Amount.
      N/A
      12. Recall of Products In the event there are any major faults or defects or any safety concerns relating to the Product which the Company deems to be sufficiently serious, the Company acting reasonably may require:

      1. that the Seller recall the entire stock of Products sold to date; and
      2. rectify the faults or defects by way of repair, exchange of Products or refund of monies paid and all costs for the recall, repair, exchange and refund which shall be borne by the Seller.
      N/A
      13. Stock Not Available In the event a request for an exchange is made and the Seller does not have the relevant Product in stock, the exchange shall be handled as a request for return of the Product as a refund. N/A

Article 8 – Settlement

  • 8.1 General
    • 8.1.1 The amount payable by the Company to you for any Transactions completed through the Website is referred to as the Settlement Amount.
    • 8.1.2 Upon registration as a Seller, you are required to fill out your bank account information.
  • 8.2 Calculation of Settlement Amount
    • 8.2.1 The Settlement Amount shall be calculated by deducting the Admin Fee on all Successful Transactions.
    • 8.2.2 The Company will deduct the Admin Fee from the Transaction Value, and the balance is the Settlement Amount, which shall be directly transferred to your Kelokal wallet or bank account.
  • 8.3 Payment of Settlement AmountThe Settlement Amount shall be paid to the Seller within seven (7) Business Days.
  • 8.4 Purchase ConfirmationA Transaction between you and a Buyer is regarded as complete only upon the occurrence of Order Completed Date, via any of the methods as follows:
      Type of Delivery Type of Confirmation Procedures for Purchase Confirmation
    1. Courier Delivery – trackable by the Website System Website Confirmation by Buyer
    1. A Buyer will confirm receipt of the Product ordered and delivered in satisfactory condition (“Shipped”) by logging on to the Website and clicking on the “Received Product” button accessible under the Buyer’s “My Account”.
    2. The status of the transaction will be changed to “Shipped”.
    3. For the avoidance of doubt, this option is only available where delivery of the Product is made by a logistics company with a tracking system accessible by the Company.
    Auto Confirmation by the Website System
    1. If a Buyer fails to confirm receipt of the Product on the Website in the manner set out in item 1 specified above, the Product will be deemed to have been Completed seven (7) days after the Product has been delivered to the Buyer as evidenced by the tracking data provided by the logistics company.
    2. The Website system will automatically change the status of the transaction on the Website as “Completed” upon the expiry of the seven (7) days referred to above.
    3. This option is only available where delivery of the Product is made by a logistics company with a tracking system accessible by the Company.
    2. Courier Delivery – non-trackable by the Website System Auto Confirmation by the Website System
    1. If a Buyer fails to confirm receipt of the Product on the Website in the manner set out in item 1 specified above and the delivery is not trackable by the Website system, the Product will be deemed to have been Successfully Delivered fourteen (14) days from “Processing” date.
    2. The Website system will automatically change the status of the transaction on the Website as “Completed” upon the expiry of the fourteen (14) days referred to above.
    3. Seller Self-Delivery/ Buyer Pickup Website Confirmation by Seller
    1. When you deliver a Product without utilizing the services of a logistics company with a tracking system accessible by the Company, the Product is deemed to have been “fourteen 14 days from the “Processing” date.
    2. The Website system will automatically change the status of your Transaction on the Website as “Completed” upon the expiry of the fourteen (14) days referred to above.
  • 8.5 Admin Fee Admin fee for Seller will be at minimum 3%(waived for certain programs). We may provisionally revise the Transaction Fee for certain Sellers from time to time.
  • 8.6 Transaction Fee The transaction fee or payment gateway fee is applicable to all Sellers. Transaction fee is calculated as 2.5% of the final order amount paid by buyer (inclusive of shipping fee), rounded up to 2 decimal places. the Company will deduct the transaction fee automatically from the sellers’ payout when an order is completed.
  • 8.7 Deferment of Settlement Notwithstanding the provisions of Articles 8.2 and 8.3, the Company reserves the right to defer the payment of any Settlement Amount due to any expense or loss which may have arisen due to your fault, or in order to protect against the risk of liability or any other reason as may be specified under the Seller Agreement, such expense or loss to include Shipping Fees and Penalties incurred pursuant to your breach/non-compliance with any of the provisions of this Agreement and/or the Seller Service Levels.

Article 9 – Seller Performance Management

  • 9.1 Purpose
    • 9.1.1 In order to maintain minimum levels of customer service and ensure operational service quality for Members, the Company has established a Seller Performance Management Program (“Program”).
    • 9.1.2 Under the Program, you will be required to ensure that the performance of your obligations as a Seller comply with and meet or exceed the minimum Seller Service Levels across key customer service and operational/logistic dimensions, as determined by the Company from time to time.
    • 9.1.3 Compliance with the Program is COMPULSORY for all Sellers.
  • 9.2 Seller Service Levels
    • 9.2.1 As a Seller, you are required to comply with the Seller Service Levels.
    • 9.2.2 The Company shall have the right to review the Seller Service Levels from time to time, and it shall be your responsibility to keep yourself updated on any changes made to the same.
  • 9.3 Penalties for Non-Compliance with Seller Service LevelsWhere you are unable to meet the minimum threshold for the Seller Service Levels, the Company shall be entitled to impose on you any and all the General Penalties or such other penalty as the Company shall determine at its discretion.

Article 9 – Seller Performance Management

  • 9.1 Purpose
    • 9.1.1 In order to maintain minimum levels of customer service and ensure operational service quality for Members, the Company has established a Seller Performance Management Program (“Program”).
    • 9.1.2 Under the Program, you will be required to ensure that the performance of your obligations as a Seller complies with and meet or exceed the minimum Seller Service Levels across key customer service and operational/logistic dimensions, as determined by the Company from time to time.
    • 9.1.3 Compliance with the Program is COMPULSORY for all Sellers.
  • 9.2 Seller Service Levels
    • 9.2.1 As a Seller, you are required to comply with the Seller Service Levels.
    • 9.2.2 The Company shall have the right to review the Seller Service Levels from time to time, and it shall be your responsibility to keep yourself updated on any changes made to the same.
  • 9.3 Penalties for Non-Compliance with Seller Service LevelsWhere you are unable to meet the minimum threshold for the Seller Service Levels, the Company shall be entitled to impose on you any and all the General Penalties or such other penalty as the Company shall determine at its discretion.

Article 10 –Management of Disputes

  • 10.1 Right of Company to Settle Disputes
    • 10.1.1 Trigger EventsYou hereby agree that in the event:
      1. that you do not or are unable to respond to a Buyer within such time period as set out in the Seller Service Levels; or
      2. that you are unable to provide a satisfactory resolution to a Buyer in respect of any matter under this Seller Agreement within such time period as set out in the Seller Service Levels; or
      3. where you are unable to resolve a dispute with a Buyer;

      then the Company shall be entitled to negotiate a settlement with the Buyer on your behalf in respect of such disputes.

    • 10.1.2 Submission of Dispute to Customer Service CentreAny disputes to be decided under this Article 10 shall be submitted to the Customer Service Centre for processing.
    • 10.1.3 Response to Customer Service Enquiries
      1. Where you receive inquiries, claims requests or escalated cases (“Enquiries”) from the Customer Service Centre, you shall:-
        1. (i) respond to a minimum of ninety-five percent (95%) of such Enquiries with accurate and complete information, and in a prompt and efficient manner, within twenty-four (24) hours; and
        2. resolve a minimum of ninety percent (90%) of such Enquiries within seventy-two (72) hours;

        from receipt of the said Enquiries, or at such other levels and within such time period as may be required under the Seller Service Levels.

      2. In the event of your failure to comply with Article 10.1.3, you shall be deemed to agree to the Company recovering any direct or indirect costs incurred in resolving the said Inquiries.
  • 10.2 Decision of Company Binding
    • 10.2.1 Pursuant to this Article 10, you hereby agree that:
      1. any decision made by the Company shall be binding on you and the Buyer;
      2. you shall comply with any instructions issued by the Company, through the Customer Service Centre, pursuant to any settlement or decision; and
      3. any costs incurred in respect of the settlement, including but not limited to refunds, return shipping costs and any other compensation) shall be borne by you.
    • 10.2.2 For the avoidance of doubt, the Company shall be entitled to recover the costs referred to in Article 10.2.1 above by way of setting off the same against any Settlement Amount owed to you.
  • 10.3. Waiver Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make any decision only as an ordinary non-professional person. The Company does not act as the agent of either you or the Buyer but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of any decision in respect of the dispute.


APPENDIX A-1

GENERAL PENALTIES FOR BREACH / NON-COMPLIANCE (ARTICLE 2.7.1)

  • 1. Temporary or permanent suspension of the affected Product listing.
  • 2. Temporary or permanent suspension of Seller Central.
  • 3. Cancellation of Transaction.
  • 4. Loss or forfeiture of all or part of the Settlement Amount.
  • 5. Deferment of payment of all or part of the Settlement Amount.
  • 6. Set-off of any financial penalties imposed or costs to be recovered, against all or part of Settlement Amount, including future amounts as yet uncollected (where the existing Settlement Amount is insufficient to cover such penalties or costs).
  • 7. Limits placed on Seller account privileges.
  • 8. Downgrading of Seller Rating status.
  • 9. Suspension or termination of membership.
  • 10. The imposition of financial penalties in such amounts as may be provided for under this Seller Agreement.
  • 11. Criminal charges.
  • 12. Claims for damages or loss caused by breach or non-compliance.

APPENDIX A-2

SPECIFIC PENALTIES FOR BREACH / NON-COMPLIANCE (ARTICLE 2.7.2)

No. Type of Breach/Non-Compliance Relevant Provisions Penalties for Breach/ Non-Compliance
1. Price manipulation 4.1.2
  1. (a) Any General Penalties; and
  2. (b) Immediate suspension of the affected Product listing.
2. Failure to ensure legality of products 4.2.1
and
4.2.2
Any and all General Penaltieswhich the Company may enforce immediately without notice to you.
3. Selling counterfeit or replica items 4.2.1
  1. Any and all General Penalties, which the Company may enforce immediately without notice to you;
  2. Monetary fine, in the minimum amount of RM50.00 per offending Product up to a maximum amount of 10 times of the listed price of the offending Product on the Website.
4. Uploading, advertising, offering for sale and/or selling Prohibited Products 4.3 Any and all General Penaltieswhich the Company may enforce immediately without notice to you.
5. Provision of inaccurate and/or misleading description of Products 4.4.1 Immediate suspension of the affected Product listing.
6. Making reference to, or naming any other e-commerce platform or similar/competing business in description for Products 4.4.2 Immediate suspension of the affected Product listing.
7. Failure to respond to Product Enquiries from Members 4.6.1
  1. Suspension of Product listing until Enquiry is satisfactorily attended to; and/or
  2. Revision of Seller Rating where performance does not comply with the required Seller Service Level.
8. Direct dealing 4.7
  1. Any General Penalties; and
  2. Immediate suspension of the affected Seller Store.
9. Failure to ensure adequate stock 4.8.1 Immediate suspension of the affected Product listing.
10. Breach of requirements for uploading of content 5.1.1 Any and all General Penaltieswhich the Company may enforce immediately without notice to you.
11. Failure to confirm receipt of Order within stipulated period 6.1.1
  1. Cancellation of Order by Buyer or Company; and/or
  2. Revision of Seller Rating.
12. Failure to comply with Pre-Order requirements 6.1.2 Immediate suspension of the affected Product listing.
13. Failure to deliver Products within stipulated period 6.2.3
  1. Cancellation of Order by Buyer or Company;
  2. Where the Company deems appropriate, deferment or forfeiture of all or part of Settlement Amount; and/or
  3. Any other General Penalties.
14. Using packaging materials which incorporate branding of other companies 6.4.2 Monetary fine of RM10.00 per offending shipment Order.
15. Failure to provide promotional free gifts 6.5.1
  1. Suspension of Product listing;
  2. Revision of Seller Rating; and/or
  3. Recovery of costs for any compensation payable to Buyer pursuant to any recovery or negotiation process conducted by the Company.
16. Order cancellation by Seller 7.1.2
  1. Any and all General Penalties or such other penalty as the Company shall determine at its discretion.
  2. Specific penalties as follows:-
    • For each Order cancellation falling below the minimum threshold for the Seller Service Levels, monetary fine in the minimum amount of RM10.00 to a maximum amount of RM50.00 per Order;
    • For failure to meet the minimum threshold for the Seller Service Levels for more than thirty (30) consecutive days, suspend of affected Product listing(s) for a maximum of fourteen (14) days; and
    • For repeated breaches of Article 6.3 across multiple Product listings, temporary or permanent suspension of the account.
17. Non-compliance with the provisions of the Cancellation, Exchange, Returns and Refunds Policy 7.2.3 Any and all General Penalties or such other penalty as the Company shall determine at its discretion.
18. Non-compliance with Seller Service Levels 9.3 Any and all General Penalties or such other penalty as the Company shall determine at its discretion.
19. Non-complete delivery of Products leading to partial refund claim by Buyer Item B.II.11 in Cancellation, Exchange, Returns and Refunds Policy
  1. Monetary fine of RM20.00 for each claim for a partial refund made by a  Buyer; and
  2. Revision of Seller Rating where there are repeated breaches of this provision.

APPENDIX B

PROHIBITED PRODUCTS

Category Prohibited Products
Tobacco and nicotine products Cigarettes including kretek and cigars
E-cigarettes (including nicotine liquids, non-SIRIM certified- kits, atomisers, tanks, mods and other accessories)
Tobacco or herb grinder
Pharmaceutical products Pharmaceutical products containing substances banned by the Ministry of Health
Unregistered pharmaceutical products (where such products require registration)
Medical devices Unregistered medical devices
HIV test kits
Toys Toys without Malaysian Conformity (MC) mark
Realistic replicas of guns and accessories
Weapons Guns and accessories
Paintball guns
Airsoft guns
Blaster guns and slingshots
Knives longer than 7.6 cm (3 inches)
Swords
Coin and currency Includes bitcoin and e-currency
Alcoholic drinks Wine, beer, champagne and other spirits
Food Foods claiming medical or health benefits not allowed by the Ministry of Health
Products infringing a third party’s Intellectual Property Rights (IPR) Replicas, counterfeits or pirated versions of an original product
Prostitution/Adult Products Exchange of a sexual act for money and adult toys use explicit language/content in the product listing
Telecommunications equipment including nicotine liquids, non-SIRIM certified- kits, atomisers, tanks, mods and other accessories
Electric and electronics equipment Non-standard or non-certified electric and electronics equipment, which DO NOT comply with Malaysian Communications and Multimedia Commission (MCMC)
Halal products Non-halal products or services which use the “halal” sign unlawfully
Financial products Products and services requiring licence from Bank Negara such as insurance, unit trust, stockbroking, FOREX trading and loans
Other items prohibited by law Uniforms of police and armed forces
Items that promote violence, racism, hatred or offends religious beliefs
Unlawful multi-level marketing (MLM) schemes or pyramid schemes
Sale of low value mystery gift with high price

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