MyQM Mall Seller Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION AND SERVICES OR OPENING A MyQM MALL SELLER ACCOUNT.
Your access and use of the Application and Services constitutes your agreement to be bound by the following terms and conditions, the terms and conditions stated in the MyQM Mall Seller Registration Form and the MyQM Mall Seller Code of Conduct and MyQM Mall Seller Terms and Conditions which establish a contractual relationship between you and QM Innovations Sdn Bhd. If you do not agree to these terms and conditions, you shall not access and/or use the Application and Services.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1.0 INTRODUCTION
1.1 Welcome to the MyQM Mall platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a MyQM Seller account (“Account”) so that you are aware of your legal rights and obligations with respect to QM Innovations Sdn Bhd. its affiliates and/or subsidiaries (individually and collectively, “MyQM”, “Company”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by MyQM client software made available through the Site, and (c) all information, linked pages, data, text, images, photographs, graphics, music, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by MyQM.
1.2 The Company is a technology company that offers the software and application for you to use it as a platform and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and MyQM is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. MyQM is not involved in the transaction between Users. MyQM may or may not pre-screen Users or the Content or information provided by Users. MyQM Mall reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. MyQM cannot ensure that Users will actually complete a transaction.
1.3The Company shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profit, lost data, personal injury or property damages related to, in connection with, or otherwise resulting from any use of the software and application.
2.0 REPRESENTATION AND WARRANTIES
2.1 1 By using the Service, you expressly represent, warrant, undertake and agree that:-
i. attained age of majority which is Twenty-One (21) years old based on date of birth as stipulated in National Registration Identity Card upon commencement of this Agreement;
ii. you will give a full and flank disclosure of all material facts in order for the Company to make an informed decision when concluding this Agreement;
iii. on the event of a change of any relevant particular in relation to this Agreement, you shall forthwith notify the Company thereof in writing and any failure to do so shall be deemed to be a material breach of this Agreement;
iv. in the event of a change of any relevant particular in relation to this Agreement the you shall forthwith notify the Company thereof in writing and any failure to do so shall be deemed to be a material breach of this Agreement;
v. you are bound by all local laws related to the operation of a customer delivery service and will be solely responsible for any violations of such local laws;
vi. you will not violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items Policy;
vii. you will only use the Service for lawful purposes, and for the purpose for which it is intended to be used
viii. you will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
ix. you will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make bogus purchases to deceive/cause fraudulent to the Company;
x. you will not use the Service, Application and/or Software for purposes other than obtaining the Service;
xi. you will not harm the proper operation of the network;
xii. all credit card and bank account details provided by the Business Partner to the Company are correct, current and accurate;
xiii. you will not open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
xiv. you will not access the MyQM platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
xv. you will not manipulate the price of any item or interfere with other User’s listings;
xvi. you will not take any action that may undermine the feedback or ratings systems;
xvii. you will not harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
xviii. you will not upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
xix. you will not upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
xx. you will not upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
xxi. you will not upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
xxii. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
xxiii. use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
xxiv. list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
xxv. direct or encourage another user to conduct a transaction other than on the Site.
xxvi. you will not copy, or distribute the Software or other content without written consent from the Company;
xxvii. you will only use the Software and/or the Application for your personal use and will not resell it to a third party;
xxviii. you will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
xxix. you shall not take on any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
xxx. you agree that the Service is provided on a reasonable effort basis; and
xxxi. you agree that your use of the Service will be bound by the Company’s Privacy Policy as may be amended from time to time at the Company’s sole discretion.
2.2 Please take note that the aforesaid list in clause 3.1 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
3.0 RELATIONSHIP
3.1 Both the Company and you acknowledge and agree that this agreement is not an employment agreement. The Company is not employer, and you are not an employee of the Company.
3.2 You shall, at all time, not to claim and/or cause confusion to any person that you are the employee and/or staff and/or agent for the Company.
4.0 LICENSE AND RESTRICTION
4.1 Subject to your compliance with these terms, the Company and its licensors, where applicable, hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, personal license to access and use the Application and/or software on your personal device solely in connection with your use of the services.
4.2 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, MyQM may effect such termination with or without notice to you.
4.3 Any rights not expressly granted herein are reserved by the Company and/or the Company’s licensors.
4.4 You hereby covenant and undertake to the Company that shall not, and shall not allow any other party to do the following:-
i. license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the MyQM app, Site or Platform in whatsoever manner; and/or
ii. modify or make derivative works based upon the MyQM App, Site, and Platform ; and/or
iii. reverse engineer, decompile, modify, or disassemble the MyQM App, Site, and Platform, except as allowed under applicable law; or
iv. send spam or otherwise duplicative or unsolicited messages; and/or
v. design or develop a competitive or substantially similar product or service; and/or
vi. copy or extract any features, functionality, or content thereof; and/or
4.5 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with MyQM. You acknowledge that MyQM may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4.6 Please take note that the aforesaid list in clause 4.3 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
5.0 ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and certain personal information. If you select a User ID that MyQM, in its sole discretion, finds inappropriate, MyQM has the right to suspend or terminate your User or Seller Account. You may be able to use your Account to gain access to other products, websites or services to which the company have enabled access or with which we have collaborated. MyQM has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to ;
I. keep your password confidential and use only your User ID and password when logging in
II. ensure that you log out from your account at the end of each session on the Site
III. immediately notify MyQM of any unauthorised use of your Account, User ID and/or password, and
IV. ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. MyQM will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that MyQM may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that MyQM deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected;
I. extended periods of inactivity, as determined by us from time to time
II. violation of the letter or spirit of these Terms of Service
III. illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
IV. having multiple user accounts
V. buying products on the Site for the purpose of commercial re-sale
VI. abnormal or excessive purchase of products from the same Seller or related group of Sellers, voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site)
VII. failure to make timely payment of any outstanding amount (or other obligation) owed to MyQM or any of its Affiliates (subject to applicable law), or
VIII. behaviour that is harmful to other Users, third parties, or the business interests of MyQM. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, MyQM may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify MyQM in writing (including via email to info@myqm2u.com ). Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact MyQM after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. MyQM shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by MyQM.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub-account platform operated by MyQM (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that:
a) the purpose of the Sub-Accounts are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities);
b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Section 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts;
c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that:
I. you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts;
II. any third parties to whom you grant access to your Sub-Accounts will have the ability to access and operate your Account;
III. we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and
IV. you shall be responsible for all actions of the Sub-Accounts; and
d) MyQM reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.
5.7 You acknowledge that MyQM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, MyQM and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by MyQM or submitted to MyQM, including, without limitation, information in MyQM Forums and in all other parts of the Site.
5.8 You acknowledge, consent to and agree that MyQM may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over MyQM or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MyQM, its Users and/or the public.
6.0 VIOLATION OF OUR TERMS OF SERVICE
6. 1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Listing deletion
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
6.2 If you believe a User on our Site is violating these Terms of Service, please contact info@myqm2u.com
7.0 PAYMENT TERMS
7.1 Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply always regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
7.2 You acknowledge that the total amount of fare paid to you by the customer includes the software usage fee, which you are collecting on behalf of the company. Software usage fee may be up to 20% of the fare stipulated for the service for each time the customer completes a ride or delivery, which shall be determined by the company at its discretion, from time to time.
7.3 The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Customers whereby these promotional offers shall accordingly be honoured by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
7.4 The Passenger or Customer may choose to pay for the Service by cash and where available, by credit or debit card (“Card”) or e-wallet. In the event that the Passenger or Customer chooses to pay for the Service by Card or e-wallet, all payments due to you, including tips (where applicable), for the Service will be channelled to you in the agreed quantum.
7.5 Any complaints that the Customer shall have regarding the transportation provided by you shall be taken up by the Passenger or Customer with you directly.
7.6 The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Customer to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
7.7 You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
8.0 PURCHASE AND PAYMENT
8.1 MyQM supports one or more of the following payment methods in each country it operates in:
i) Credit Card and e-wallets
Card and e-wallet payments are processed through third-party payment channels and the type of credit cards and e-wallets accepted by these payment channels may vary depending on the jurisdiction you are in.
ii) Cash on Delivery (“COD”)
COD services is provided in selected countries. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
iii) Online Bank Transfer
Online bank transfer payments are processed through third-party payment gateways and the type of banks accepted by these payment gateways may vary depending on the jurisdiction you are in.
8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
8.3 MyQM takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.0 SELLER BALANCE
9.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Balance”). The sum of this money, minus any withdrawals, will be reflected as your Seller Balance’s balance. For the avoidance of doubt, your Seller Balance’s balance may become negative in certain situations, and no further withdrawals may be made until such balance becomes positive (including from the receipt of future sales proceeds).
9.2 You may transfer funds from your Seller Balance (to the maximum amount of your Seller Balance balance) to your linked bank account (“Linked Bank Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. MyQM may also automatically transfer funds from your Seller Balance to your Linked Account on a regular basis, as determined by MyQM. MyQM shall only process such transfers on business days and such transfers may take up to five (5) business days to be credited to your Linked Bank Account.
9.3 MyQM may impose a withdrawal fee of RM 1.00 for withdrawal amounts that are below RM50.00. The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at MyQM’s discretion.
9.4 Money from your sale of items on MyQM Mall shall be credited to your Seller Balance within three (3) days after the item is successfully delivered to Buyer or immediately after Buyer has acknowledged that they have received the item in good condition.
9.5 Once submitted, you may not modify or cancel a Withdrawal Request.
9.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Balance in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar of Unclaimed Moneys (Jabatan Akauntan Negara Malaysia) (“Registrar”) in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
9.7 You authorize us to initiate debit or credit entries to your Seller Balance (including where this would result in your Seller Balance’s balance remaining or becoming negative):
i) to correct any errors in the processing of any transaction;
ii) you wrongly categorising products which impact the Platform’s Commission Fee (details as per below);
iii) where it is determined that you have engaged in fraudulent or suspicious activity and/or transactions;
iv) in connection with any lost, damaged or incorrect items;
v) in connection with any rewards or rebates;
vi) in connection with any uncharged fees;
vii) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
viii) in connection with any banned items or items that are detained by customs;
ix) in connection with any change of mind agreed to by both Buyer and Seller;
x) in connection with the settlement of any outstanding amount (or other obligation) owed to MyQM or any of its Affiliates, subject to applicable laws;
xi) in connection with any extra charges incurred by the delivery partner due to wrong input of your product weight
xii) in connection with any return and/or refund requests which are approved in accordance with our Refunds and Returns Policy.
9.8 We have the right to limit, freeze or suspend your Seller Balance for any reason, including where you fail to repay outstanding amounts due to us by the due date.
9.9 If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as MyQM may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall be prescribed from time to time.
10.0 MyQM Mall GUARANTEE
10.1 MyQM Mall Guarantee is a service provided to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by MyQM Mall (“MyQM Mall Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into MyQM Mall Guarantee Account.
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Payment”), Buyer’s Purchase Payment will be held in MyQM Mall Guarantee Account until:
a) Buyer sends confirmation to MyQM that Buyer has received his/her goods, in which case, unless 12.2(d) applies, MyQM will release Buyer’s Purchase Payment (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee, MyQM Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) to Seller;
b) MyQM Mall Guarantee Period (as defined below) (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, MyQM will release Buyer’s Purchase Payment (less the Seller’s proportion of the Shipping Fee (if applicable), the MyQM Mall Commission Fee, Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) to Seller;
c)MyQM Mall determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, MyQM will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
d)Such other time as MyQM Mall reasonably determines that a distribution of Buyer’s Purchase Payment (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee, MyQM Commission Fee and Tax Amount (if applicable), is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service. MyQM Mall Guarantee is only offered to Buyers who have made payment through the channels provided by MyQM Mall platform. Offline and other arrangements between Buyer and Seller will not be covered under MyQM Mall Guarantee.
10.3 Payments made through MyQM Mall channels will be held in the MyQM Mall Guarantee Account for a specified period of time (the “MyQM Mall Guarantee Period”). More information regarding MyQM Mall Guarantee Period, is made available in the Seller handbook.
10.4 Seller/Buyer must be the beneficial owner of the Bank Account and conduct transaction on the Site only on behalf of him or herself. MyQM may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants MyQM his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises MyQM to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank.
10.5 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, MyQM will use reasonable endeavours to contact the Seller using the contact details provided by the seller. In the event that the Seller cannot be contacted for more than twelve (12) months after the balance of the Buyer’s Purchase Payment becomes due to the Seller and such money remains unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
10.6 The MyQM Mall Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the MyQM Mall Guarantee. It is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and MyQM accepts no liability in connection with the same. Without limitation, the MyQM Mall Guarantee does not constitute a product warranty.
10.7 Buyer and Seller acknowledge and agree that MyQM’s decision (including any appeals) in respect of and relating to any issues concerning the MyQM Mall Guarantee is final.
10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by MyQM Mall Guarantee.
11.0 TAXES
11.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
11.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
12.0 DELIVERY
12.1 Seller must use his/her best effort to ensure that Buyer receives the purchased item(s) within, whichever applicable, the MyQM Mall Guarantee Period and Seller shall be responsible for the delivery fee for any purchased items(s) (which Seller may charge from Buyer) and bears all risk attached to the delivery of the purchased item(s).
12.2Seller informs MyQM that it will deliver the relevant purchased item(s), Seller shall arrange for the delivery of the purchased item(s) according to the information provided by Buyer. MyQM will inform Seller when MyQM receives Buyer’s Purchase Payment in order to arrange for the delivery of such purchased item(s). Unless otherwise agreed, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. through the Site.
12.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that MyQM will not be liable for any damage, expense, cost resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
12.4 For Cross-Border Transaction. Users understand and acknowledge that, where an item listing states that the item will ship from overseas, such item is being sold from a Seller based outside of Malaysia, and the importation and exportation of such item is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that MyQM Mall cannot provide any legal advice in this regard and agree that MyQM Mall shall not bear any risks or liabilities associated with the import and export of such items to Malaysia.
12.5 Seller acknowledges and agrees that if the Buyer elects to engage a Delivery Partner to deliver a purchased item, the Seller shall make such purchased item available for pick-up by the Delivery Partner within such timelines and in accordance with such procedures as may be notified by MyQM Mall from time to time. In the event of Seller’s non-compliance with the foregoing, MyQM Mall may take such action or steps as it deems necessary at its sole discretion, including but not limited to, charging additional delivery fee to Seller, cancellation of the relevant order, issuance of warnings and/or suspension and/or termination of the Seller’s Account.
13.0 CANCELLATION, RETURN AND REFUND
13.1 MyQM Mall does not monitor the cancellation, return and refund process for any offline payment.
13.2 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Payment into MyQM Mall Guarantee Account.
13.3 Buyer may apply for the return of the purchased item and refund prior to the expiry of MyQM Mall Guarantee Period, if applicable, subject to and in accordance with MyQM’s Refunds and Return Policy.
13.4 MyQM reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Payment paid into MyQM Mall Guarantee Account.
14.0 SELLER’S RESPONSIBILITIES
14.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
14.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
14.3 Seller shall also ensure that the Seller properly and correctly categorises each product that the Seller intends to list on the Site by following the guide found at the Seller Handbook. Seller acknowledges and agrees that the guide may be updated from time to time by MyQM and the Seller agrees to follow any updated guide thereafter. Seller agrees that in the event a product is wrongly categorised, MyQM may take such actions as may be necessary as provided in the “Incorrect Product Category” in the Seller Handbook. The “Incorrect Product Category” may be updated by MyQM from time to time. In the event of any dispute over the categorisation of products, the Seller agrees that MyQM has the final decision.
14.4 Seller agrees that MyQM Mall may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
14.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
14.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and MyQM Mall cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
14.7 Seller acknowledges and agrees that Seller’s violation of any of MyQM policies will result in a range of actions as stated in Section 7.1.
15.0 COMMISSION FEES & TRANSACTION FEES
15.1 MyQM Mall charges a fee for all successful transactions completed on the Site, including any other campaign fees that may be charged by MyQM Mall under any other campaign (“Transaction Fee”). The Transaction Fee charged for a successful transaction completed on the Site is calculated at two percent (2%) of the Buyer’s Purchase Payment, before any MyQM Mall Sponsored Discounts are applied, rounded up to the nearest cent, in addition to any other campaign fees (where applicable). The Transaction Fee is exclusive of sales and service tax. “MyQM Mall Platform Discounts” refers to MyQM Mall Item Rebates, Vouchers, and MyQM Mall vouchers. This list of MyQM Mall Platform Discounts is non-exhaustive and subject to change at MyQM Mall’s sole discretion.
15.2 For Sellers located outside of Malaysia, MyQM Mall charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.
15.3 In addition to Transaction Fees, MyQM Mall also charges a fee for all successful transactions completed by Sellers on the Site (“MyQM Comission Fee”). The MyQM Commission Fee is borne by the Seller,and is calculated by percentage based on the gross settlement price of the product (“Commission Fee”). The Commission Fee varies depending on the category of the product sold and is provided in the Seller Handbook. MyQM Mall may amend the Commission Fee from time to time by announcing the amendment in the Seller Handbook.
15.4 The gross settlement price refers to the final product price after deducting seller vouchers and other seller promotions (e.g. seller free shipping, seller discounts, buyer-paid shipping fee). For the avoidance of doubt, the gross settlement price shall not be affected by MyQM Mall vouchers, MyQM Mall Discounts, MyQM Mall rebates.
15.5 MyQM Mall Commission Fee and Transaction Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
15.6 Following the successful completion of a transaction, MyQM Mall shall deduct the MyQM Commission Fee, Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Payment, and remit the balance to the Seller Balance. MyQM shall issue receipts or tax invoices for the MyQM Mall Commission Fee, Transaction Fee and Tax Amount paid by Seller on request.
16.0 DISPUTES
16.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which MyQM shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of local jurisdiction to resolve any dispute arising from a transaction.
16.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against MyQM in relation to any transaction made on the Site or any dispute related to such transaction.
16.3 Users may send a written request to MyQM Mall to assist them in resolving issues which may arise from a transaction upon request. MyQM Mall may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users in resolving their dispute, with reference to MyQM Mall’s Refund and Return Policy.
17.0 CONFIDENTIALITY
17.1 You undertake to the Company that you shall keep confidential all of the confidential information relating to the Company which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the enforcement date of this agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement.
17.2 Confidential Information includes but not limited to Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
17.3 You hereby covenant and undertake with the Company whereby all Confidential Information shall remain the exclusive property of the Company and you shall not use any Confidential Information for any purpose except with the written consent of the Company.
17.4 The above obligations of confidentiality shall not apply if you are required to disclosed it by law.
18.0 PERSONAL DATA PROTECTION
18.1 In compliance with the Personal Data Protection Act 2010, the Company wishes to give you notice that your Personal Data will be collected, recorded, held, stored and processed by the Company, including the Company’s employees, to be utilized and dealt with in accordance and in compliance with the Personal Data Protection Act 2010.
18.2 The Personal Data processed by the Company may include, but not is limited to, information concerning your name, age, identity card number, passport number, correspondence address, gender, date of birth, race, marital status, income tax details, contact information, nationality, family details, bank account details and any information about you in which you have provided to the Company in the MyQM Seller Registration Form, Seller Profile or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health and religion.
18.3 The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
18.4 The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
i. to perform the Company’s obligations in respect of any agreement entered with you;
ii. to provide you with any services pursuant to the Terms and Conditions herein;
iii. to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
iv. process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
v. to validate and/or process payments pursuant to the Terms and Conditions herein;
vi. to develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
vii. to process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
viii. to facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
ix. to respond to questions, comments and feedback from you;
x. to communicate with you for any of the purposes listed herein;
xi. for internal administrative purposes, such as auditing, data analysis, database records;
xii. for purposes of detection, prevention and prosecution of crime;
xiii. for the Company to comply with its obligations under law;
xiv. to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
xv. to notify and invite you to events or activities organised by the Company, its partners, advertisers, and/or sponsors;
xvi. to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
18.5 In connection with this, the Company may also from time to time for the above purposes request further Personal Data from you and subject to any notice to the contrary from you, you are deemed to have consented to provide the Company with the further Personal Data requested for.
18.6 The Company shall endeavour to safeguard and maintain the confidentiality of your Personal Data.
18.7 Kindly take note that certain Personal Data relating to you may be required to be disclosed to third parties, including but not limited to the following: –
a) any person to whom we are compelled or required to do so under the law or in relation to any order or judgment of a court, or in response to a competent or government agency;
b) any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings;
c) government agencies, statutory authorities, industry regulators and other similar authorities;
d) our auditors, consultants, accountants, or other financial or professional advisers;
e) our contractors or third-party service or product providers as may be necessary or appropriate; and
f) as otherwise permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.
18.8 In this regard, the Company shall endeavour to take all necessary steps to only disclose relevant Personal Data to the aforesaid said third parties. Further, kindly note that you may, at any time, write to us to limit how your Personal Data is being used / disclosed
18.9 A “cookie” is an element of data that can be sent to your browser. Your browser may then store it in your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address. The Company’s website uses this information to better serve you when you return to our website. It is not our intention to use such information to personally identify a user. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the website.
18.10 This website may contain links to other sites. The Company is not responsible for the privacy practices or the content of such sites. If you link to or otherwise visit any other site, please review the privacy policies posted at that site.
18.11 The Company shall keep and process your data in a secure manner. The Company endeavours, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent any unauthorized or unlawful processing of your Personal Data and any accidental loss or destruction of, or damage to your Personal Data.
18.12 Whenever the Company provides any Personal Data to any Third Parties the Company shall take reasonable steps to ensure that these parties are contractually bound not to use your personal information for any reason other than to provide the service they are contracted to provide and to adequately safeguard your personal information.
18.13 The Company endeavours to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our system in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. Should there be any change to the information contained in your Personal Data supplied to the Company, kindly inform the Company as soon as possible.
18.14 You have the right to request access to your Personal Data held by the Company and make correction(s) thereto. To do so, you may:
a) check whether we hold or use your Personal Data and request access to such data;
b) request that we correct any of your Personal Data that is inaccurate, incomplete or outdated and supply you with a copy of the Personal Data as corrected;
c) communicate to us in written form your objection to the use of your Personal Data for any purpose whatsoever whereupon we will not use your Personal Data for these purposes; and
d) communicate to us in written form your withdrawal, in full or in part, of your consent given.
(Collectively referred to as “Request(s)“)
18.15 Subject to any applicable restrictions under the Personal Data Protection Act 2010 and contractual conditions, the Company shall comply with such Request(s) within a reasonable time period.
18.16 If you do not consent to the Company processing your Personal Data for any of the Purposes and/or if you wish to access and/or make a correction / deletion to your Personal Data held by us, you may do so by making a written request to us and addressed to our Compliance Department. The written request can be made by way of: –
Address : 4, Jalan Residensi, 10450 George Town, Pulau Pinang, Malaysia.
Email : info@myqm2u.com
18.17 The Company will, to the best of our abilities, effect such changes as requested within twenty-one (21) working days of receipt of such notice of change.
18.18 In continuing to use the service, you will be deemed to have consented to allow the Company to collect, record, hold, store, process and deal with your Personal Data until and unless we receive written notice to the contrary from you.
18.19 The Company shall have the right to modify, update or amend the terms of this Personal Data Protection Notice at any time by placing the updated Personal Data Protection Notice on this website. Your continued communication with us and/or your continued use of our website after publication of such modifications, updates or amendments to this Personal Data Protection Notice, with or without notification, constitutes binding acceptance of such modifications, updates or amendments.
18.20 If you have any questions or concerns regarding your privacy while using this website, please direct them to; info@myqm2u.com.
19.0 THIRD PARTY INTERACTION
19.1 During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
19.2 The Company shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party.
19.3 The Company does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company be responsible for any content, products, services or other materials on or available from such sites or third party providers.
19.4 The Company provides the Service to you pursuant to the Terms and Conditions. You recognize, however, that certain third-party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers
19.5 The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue.
19.6 By agreeing to the Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company.
19.7 The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.myqm2u.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party Transportation Provider, other third-party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
20.0 INDEMNIFICATION
20.1 By agreeing to this Agreement upon using the Service, you are hereby agree that you shall defend, indemnify and hold the Company, its licensor and each such party’s parent companies, subsidiaries, affiliates, associates, officers, directors, members, employees, agents, lawyers and agents free from and against any and all suits, costs, damages, losses, liabilities, and expenses (including legal fees and costs) arising out or in respect of the following situations:-
i. Your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; and/or
ii. Your violation of any rights of any third party, including, but not limited to customers of your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party ; and/or
iii. Your use (or misuse) of the Application and/or Software; and/or
iv. Your ownership, use or operation of a motor vehicle or customer vehicle, including your carriage of Customers who have procured your transportation services via the Service, or of their goods.
20.2 Please take note that the aforesaid list in clause 11.1 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
21.0 DISCLAIMER OF WARRANTIES
21.1 The services are provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
21.2 The Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free.
21.3 The Company does not guarantee the quality, suitability, safety or ability of third-party providers.
21.4 You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
22.0 NETWORK ACCESS AND DEVICES
22.1 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
22.2 You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
22.3 The Company does not guarantee that the Services, or any portion thereto, will function on any particular hardware or devices. In addition, the Services may be subjected to malfunctions and delays inherent in the use of internet and electronic communications.
22.4 The company shall not responsible for any delays, delivery failures, or other damage resulting from such problems.
23.0 LIMITATION OF LIABILITY
23.1 Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts paid by and/or due from you in utilising the service during the event giving rise to such claims.
23.2 In no event shall the Company be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).
23.3 The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
23.4 The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third-party providers including, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third-party providers including, advertisers and/or sponsors.
23.5 The Company will not be a party to disputes, negotiations of disputes between you and such third-party providers including third party transportation providers, advertisers and/or sponsors.
23.6 The Company cannot and will not play any role in managing payments between you and the third-party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you.
23.7 You expressly waive and release the Company from all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
24.0 NOTICES
24.1 Any notice which is required or permitted to be given by one party to the other may be given as follows: –
a. by hand whereby it shall be deemed delivered on the day of acknowledgement of receipt; or
b. by registered mail whereby it shall be deemed delivered within three (3) business days from the date of proof of posting notwithstanding that such mail may be returned undelivered by the postal authorities; or
c. by fax whereby it shall be deemed delivered upon the issue to the sender of a transmission control or other like report from the dispatching facsimile machine which shows the relevant number of pages comprised in the notice to have been sent and the result of the transmission is “OK”; or
d. by email whereby it shall be deemed delivered within one (1) business day from the of proof of delivery notwithstanding that such mail may be returned undelivered by the Mail Delivery System. addressed to the other party’s address and/or email address stated or to such other address and/or email address as may be substituted by notice to the other party.
25.0 INVALIDITY AND SEVERABILITY
25.1 If any provision of this Agreement shall be found by any Court and/or Administrative Body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
26.0 ENTIRE AGREEMENT
26.1 This Agreement shall constitute the entire agreement and understanding between the parties and shall supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.
27.0 ASSIGNMENT
27.1 You shall not assign any part of this Agreement to any other party without obtaining the Company’s prior written consent.
27.2 The Company may assign any part of this Agreement to any other party without getting your consent.
27.3 Any purported assignment by you in violation of this section shall be deemed void by the Company.
28.0 VARIATION
28.1 The Company shall be entitled from time to time to modify the conditions and provisions of this Agreement at any time at its sole discretion by posting the said modification(s) at the website.
28.2 If any of the modification is unacceptable to you, its only recourse is to terminate this Agreement in accordance with its terms.
28.3 Your continued use of the service will constitute its agreement with and acceptance of such modification.
29.0 INDEPENDENT CONTRACTORS
29.1 The parties will at all times be independent contractors and will so represent themselves to all third parties. Neither party has granted to other party the right to bind it in any manner whatsoever and nothing in this Agreement will be deemed to constitute either party the agent, employee, or legal representative of the other nor constitute the parties as partners or joint ventures.
30.0 TIME
30.1 Time wherever mentioned in this Agreement shall be of the essence of this Agreement
31.0 LAW
30.1 The parties agree that the laws of Malaysia for the time being in force shall be the governing laws in respect of any disputes pertaining to this Agreement.
32.0 DISPUTE RESOLUTION
32.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.
33.0 TERMINATION
33.1 Either party may terminate this Agreement at any time by giving you three (3) days’ prior notice to you without assigning any reasons.
33.2 The Company may terminate this Agreement immediately without notice in the event you were found to be in breach of any of the terms stipulated in this Agreement and/or the terms stipulated in the MyQM Seller Terms and Conditions and/or the terms stipulated in the MyQM Seller Handbook.
33.3 The termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost or expenses incurred by you, including the credit reserved with the Company and or other monies paid to the Company in the course of performing your obligations under this Agreement.
33.4 Any termination of this Agreement pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision herein which is expressly or by implication intended to come into or continue to in force on or after such termination.
34.0 WAIVER
34.1 The waiver by either party of a breach or default or any of the provisions in this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
35.0 FORCE MAJEURE
35.1 If by reason of any fact, circumstance, matter or thing beyond the reasonable control of a party, the party is unable to perform in whole or in part any obligation under this Agreement that party is relieved of that obligation under this Agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this Agreement in respect of such inability.
36.0 GLOSSARY
36.1 In this Agreement unless the context otherwise requires:-
“Application” means the software application developed, owned, controlled, managed, maintained, hosted, licensed and/or designed by the Company to run on smartphones, tablet computers and/or other devices.
“City” means the state, city, municipality, place, region or territory
“Customer“, “Buyer”, “User” means a person who has requested to make purchase on the Company’s App and /or platform
“Company” means QM Innovations SDN. BHD. (1542608-D)
“Software” means the Company’s mobile application and associated software, including but not limited to the MyQM App, MyQM Mall and MyQM Seller portal
“Website” means the Company website https://myqm2u.com.
37.0 GENERAL PROVISIONS
37.1 By Registering as a MYQM MALL SELLER, Sellers must agree to, and not limited to Seller Terms & Conditions, Return & Return Policy, Privacy Policy, Seller Commission and Transaction fees, Mall Guarantee program, Prohibited & Restricted Items Policy, and all other agreements made available in the MYQM MALL SELLER INFO CENTER, which may be updated from time to time.
a. MyQM Mall Seller Commission Fees
b. Prohibited and Restricted Items Policy
