This Agreement is made on _______________ between:
- Platform Operator: HX BEEMORE SDN BHD, a company incorporated under the laws of MALAYSIA, with registered address at E-GATE, 1-04-08, LEBUH TUNKU KUDIN 2, 11700 GELUGOR, PULAU PINANG (“Platform”).
- Merchant: ________________________________, an (individual/company incorporated) under the laws of MALAYSIA, with registered address at __________________________________________________ (“Merchant”).
Together referred to as the “Parties.”
1. Definitions
Platform: The online system, website, and/or mobile application operated by the Platform Operator.
Merchant Services/Products: Goods and/or services listed by the Merchant on the Platform.
Customer: An end-user who purchases goods or services via the Platform.
2. Appointment
The Platform grants the Merchant the non-exclusive right to list, market, and sell its Products/Services through the Platform, subject to the terms of this Agreement.
3. Merchant Obligations
Provide accurate descriptions, pricing, and availability of Products/Services.
Ensure compliance with applicable laws, regulations, and licensing requirements.
Fulfill Customer orders promptly and in good condition.
Handle customer service inquiries related to Merchant Products/Services.
Refrain from listing prohibited or illegal goods/services.
4. Platform Obligations
Provide access to the Platform for listing and selling Products/Services.
Facilitate payment collection from Customers.
Provide reasonable technical support and updates.
Market and promote the Platform at its discretion.
5. Fees and Payment
The Platform will deduct a commission/service fee of X% from each transaction.
Payouts to the Merchant will be made hourly/daily/weekly/monthly to the designated bank account, less applicable fees, taxes, or refunds.
In case of disputes or chargebacks, the Platform reserves the right to withhold payments until resolved.
6. Taxes
The Merchant is solely responsible for any taxes, duties, or charges imposed on the sale of its Products/Services.
7. Intellectual Property
Merchant retains ownership of its trademarks, logos, and content provided to the Platform.
The Merchant grants the Platform a non-exclusive, royalty-free license to use its intellectual property for listing and marketing purposes.
8. Confidentiality
Both Parties agree to maintain the confidentiality of non-public information shared during the course of this Agreement.
9. Term and Termination
This Agreement begins on the Effective Date and continues until terminated by either Party with 30 days’ written notice.
The Platform may terminate immediately if the Merchant breaches this Agreement, engages in fraudulent activity, or violates laws.
10. Limitation of Liability
The Platform shall not be liable for indirect, incidental, or consequential damages. The Platform’s maximum liability under this Agreement shall not exceed the total fees retained in the 3 months prior to the claim.
11. Indemnity
The Merchant shall indemnify and hold harmless the Platform against claims, damages, or losses arising from Merchant’s Products/Services or breach of this Agreement.
12. Dispute Resolution
Any disputes shall be resolved first through good faith negotiation. If unresolved, disputes shall be submitted to court in MALAYSIA.
13. Miscellaneous
Entire Agreement: This Agreement constitutes the entire understanding between the Parties.
Governing Law: This Agreement shall be governed by the laws of MALAYSIA.
Assignment: Neither Party may assign its rights without prior written consent.
Signed by the Parties:
Platform
Name:
Title:
Date:
Merchant
Name: ___________________
Title: ___________________
Date: ___________________