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This Agreement is entered into between Macro Tech Ventures Sdn. Bhd.(Registration No. 1190627-U), with its principal place of business at Suite 13.02, Level 13, Menara IGB, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur ("Borong-MY", formerly known as "Dropee") and “you”, as a seller who offer, lists, and feature Products on the Platform for sale, and who shall fulfil the Products ordered and purchased by the Buyer (“Seller”). (Each a “Party”, and jointly as “Parties”.)
This Agreement expressly incorporates the entirety of Borong-MY's Platform Terms and Conditions which applies in addition to all other terms and conditions stated herein. By submitting an application or a registration for a Seller Account, you confirm, acknowledge and agree to the terms and conditions set forth in the Platform Terms and Conditions and in this Agreement.
If you do not agree to any of the terms herein, please do not create a Seller Account.
1. In this Agreement, where the context so admits, the following expressions shall have the meaning designated hereinbelow unless otherwise stated:-
"Buyer"
“Complimentary Basic Digital Marketing Services”
“Platform Terms and Conditions”
“Platform”
“Products”
“Seller Package”
“Seller Package Fees”
2. Upon the successful creation or registration of a Seller Account on the Platform, Seller may receive a Seller’s Partnership Agreement from Borong-MY via email, and the Seller’s Partnership Agreement will contain particulars and selections required to be filled up by the Seller, including but not limited to selection of Seller Package.
3. For the avoidance of doubt, the Seller’s Partnership Agreement is subject to final acceptance by Borong-MY and Borong-MY reserves the right to accept, withhold or reject the Seller’s Partnership Agreement submitted by the Seller, with or without assigning any reason.
4. Upon acceptance of Seller’s Partnership Agreement by Borong-MY, Seller will be directed to activation of Seller storefront.
5. For Standard Store Package, the Seller Package Fees payable by Seller to Borong-MY is three percent (3%) of the total transaction value (“Commission Rate”). The Commission Rate shall be deducted by Borong-MY from each transaction transacted by Seller on the Platform, and are strictly non-refundable for any reason whatsoever.
6. Borong-MY reserves the right to revise, at its sole discretion and at any time, any fees, charges, or other payments imposed upon the Seller. Additionally, Borong-MY may introduce new fees, charges, or other payments. The Seller will be notified of any such changes.
7. Seller agrees that Borong-MY shall be entitled to review the pricing of the Products offered by the Seller on Borong-MY Platform which shall not in any event higher than the pricing offered on all other platforms or stores.
8. Borong-MY reserves the right to demand for adjustment of pricing of Products and/or to remove the listing of Products which does not meet the requirement of Borong-MY.
9. Seller shall fulfil orders to Buyers within three (3) to five (5) working days from the receipt of orders.
10. Seller acknowledges and agrees that payment disbursements to Seller for each sales transaction transacted on the Platform, less the Seller Package Fees/ Commission Rate, will be performed by Borong-MY on each Friday (“Disbursement Day”) for successful orders fulfilled by the Seller prior to or before the Disbursement Day. For orders fulfilled by Seller on a Disbursement Day, payment disbursements for such orders will take place on the next Disbursement Day.
11. Complimentary Basic Digital Marketing Services redemption is only valid if the Seller storefront has been successfully set up within ten (10) working days after account creation which includes the upload of product listings and store banner(s), and any store launch promotions. Seller is responsible for designing their required digital banners.
12. Account will be deactivated by Borong-MY if Products are not listed on the Platform within fifteen (15) working days after the account has been created.
13. Seller shall be sole responsible and liable for any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement of its Products listed on the Platform.
14. The following products are not allowed to be listed on the Platform and Borong-MY in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions:
15. Seller agrees not to circumvent the Platform by directly transacting with the Buyer outside the Platform for Products available on the Platform.
16. Seller agree to defend, indemnify, and hold harmless Borong-MY (including its related companies, shareholders, directors, employees, officers, representatives, and agents) from all losses, damages, costs, expenses, claims, demands, actions, suits, proceedings and liabilities that may arise from its use of the Platform or any breach of the terms and conditions of the Platform Terms and Conditions or the terms and conditions herein.
For the avoidance of doubt, this Agreement shall not be interpreted or construed to create a partnership or joint venture between the Parties hereto.
This Agreement is valid for a period of twelve (12) months commencing from the successful creation of your account (“Term”) and unless either Party gives the other written notice of its intention not to renew this Agreement at least thirty (30) days before the end of the Term, this Agreement shall be renewed automatically for successive terms of twelve (12) months each (each a “Renewal Term”) until either Party gives the other written notice of its intention not to renew this Agreement at least thirty (30) days before the end of any Renewal Term.
This Agreement may be terminated by either Party with cause and provided that at least one (1) meeting has been held between Borong-MY and Seller prior to the effective date of termination in attempt to resolve the cause of termination, without prejudice to all other rights and remedies available to Borong-MY under the Platform Terms and Conditions.
In signing this Agreement, you agree that you have read, acknowledged and agreed to be bound by and comply with all the terms and conditions herein.
Each Party agrees that this Agreement may be executed by way of electronic signatures. Where this Agreement is executed electronically, each Party agrees that the electronic signature of its authorised signatory(ies) shall have the same legal validity and enforceability as their original handwritten signatures to the fullest extent permitted by applicable laws. A signed copy of this Agreement transmitted by electronic mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy thereof for all purposes.
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