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Terms of Use for Supplier

Presto Mall Sdn. Bhd. [Registration No. 201401037722 (1113867-K)] ("Company" or "we" or "us") welcomes you to our website, www.presto.direct (“Website”). The Website provides an e-commerce platform known as “PrestoDirect” that enables the Supplier (“you” or “your”) to accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services to the Buyers via the Website (“Services”). 

Your use of the Website is governed by the following terms and conditions (“Terms and Conditions”). The Terms and Conditions is to be read together with the Privacy Policy and all other policies as published in the Website from time to time (collectively referred to as “Policies”). 

  1. Acceptance of Terms
  1. Definition 
  1. Use of Services and the Website
  1. The Company provides e-commerce facilities and Services via the Website. 
  1. By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
  1. You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
  1. You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom. 
  1. Use of Personal Data
  1. For a complete description of how the Company uses and protects the personal data obtained through the Website, you may refer to the Privacy Policy.
  1. By continuing to access the Website and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Website if you object to your personal data being used in the ways described in the Privacy Policy.
  1. Amendment of Terms and Conditions
  1. The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions 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 you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions and Policies.
  1. Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
  1. We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
  1. Application and Registration as Supplier 
  1. Registration as Supplier
  1. In order to access or use certain services on the Website, you are required to register as a supplier (“Supplier”). Unless otherwise specified by the Company, registration as a Supplier is free. 
  1. The Company has the right to restrict, suspend or terminate your access to or use of the Website or the Services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
  1. Supplier Categories
  1. a local business Supplier (with business / company registration in Malaysia); and
  1. global Supplier (with business / company registration outside of Malaysia). 
  1. Application Requirements
  1. In order to become PrestoDirect’s Supplier, you must comply with the following requirements: 
  1. if you are a company / registered business, you must be an incorporated legal entity or have a business registration number and are authorised under your constitution documents to conduct business with us in accordance with the laws of Malaysia;
  2. you must also provide all such information and documents required to support the application, including but not limited to your company/business registration number, company incorporation documents and details of personnel handling the Supplier account.
  3. you warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Supplier, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
  1. We reserve the right to accept or reject your application to become a Supplier at our sole and absolute discretion without any reasons given to you. For the avoidance of doubt, our decision cannot be contested.
  1. Completion of Registration
  1. You will become a Supplier upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us. We reserve the right not to approve your application as a Supplier without further reference to you.
  1. You shall be provided with a Supplier ID and password for you to access and use the Services via your Supplier account on the Website. 
  1. Protection of Account Details
  1. Each Supplier is responsible for maintaining the confidentiality of its Supplier’s   account information, including the account password, and for all activity that occurs under the Supplier’s account. You agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security. You may be held liable for losses incurred by the Company or by any other Supplier and/or Buyer due to someone else using your password or account.
  1. You may not use anyone else's password or Supplier account at any time. We have the right to disable any Supplier ID or password at any time in our sole and absolute discretion for any reason, including where you have breached any provision of the Terms and Conditions and Policies.
  1. Use of Services
  1. The Services which we provide as follows: 
  1. Sale and purchase of the Products:
  1. you shall upload the Products with its recommended retail price and minimum selling price on the Website; and
  1. after the fulfilment of the confirmed Order, we shall remit the Remittance based on the agreed term of payment with you.
  1. Warehouse services:
  1. You may elect to store your Products at our partner’s warehouse at a fee and other terms and conditions agreed between us and you. For the avoidance of doubt, we shall not be liable for any cost, damage, expense and claim (including third party claims) arising from or as a result of loss or damage to the Products stored at the warehouse; and
  1. Processing of Order: 
  1. Receiving Order: When a Buyer places an Order to purchase a Product from your Store and you have accepted the Order, you are obligated to complete the Transaction with the Buyer; and
  1. Fulfilment of Order: The Website shall notify you of all Orders made. Upon your acceptance of an Order, we shall process the Order by packing the Order and deliver the Products to the Buyer if you have elected to store your Products in our partner’s warehouse. In the event that you have not elected our warehouse services, you shall deliver the Products to our partner’s warehouse within the agreed time and upon receipt of your Products, we shall arrange for the delivery of the Products to your Buyer as per the Order. 

For the avoidance of doubt, we may at our own discretion made available any other services in PrestoDirect. 

  1. The Company charges an annual fee of Ringgit Malaysia Five Hundred (RM500.00) only to continue to provide you with the Services via the Website.
  1. However, certain Services or functions on the Website which are provided for Suppliers may require the payment of fees as further described in the Terms and Conditions and Policies and/or other agreements as may be entered into between the Supplier and the Company from time to time.
  1. Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of any Policies and/or any other agreement a Supplier may enter into with the Company in respect of the same.
  1. The Company merely provides an e-commerce platform and manages the fulfilment  of the Order by packing and delivering the Order to the Buyer and is not an agent for, and does not represent either you or the Buyer and has no authority to act on behalf of either party.
  1. Whether in your capacity as a Supplier, you shall be solely and directly responsible for all liabilities related to Transactions entered into between you and the Buyer and in relation to any information provided by you to the Buyer and vice versa.
  1. Any liabilities and risks relating to Transactions undertaken between you and the Buyer shall be borne by you and the Buyer. 
  1. A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.
  1. Suspension and Termination
  1. Limitation of Access, Suspension or Termination by the Company. Subject to Clause 2.8, the Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your Supplier account and/or terminate your Supplier account and and/or take any such measures or actions that the Company deems necessary without prior notice to you if: 
  1. you commit any prohibited conduct in violation of Clause 4.1.1; 
  2. you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; 
  3. you have failed to fulfil the confirmed Order including without limitation, within the agreed time frame; and/or

(d)     there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.

  1. Termination by Supplier. Subject to Clause 2.8, you may terminate your Supplier account at any time by writing to us at support@presto.direct provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
  2. Consequences of Termination of Supplier Account. Termination of your Supplier account, either in accordance with Clause 2.7.1 or Clause 2.7.2, will result in you losing all your Transaction records. For the avoidance of doubt, you agree that any and all consequences arising from such termination shall be borne by you.
  1. Rights of Company upon Suspension/Termination ofAccount
  1. Where your Supplier account is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your Supplier account (as the case may be), we reserve the right to: 
  1. cancel and/or reverse any and all transactions under your Supplier account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
  2. cancel, forfeit or deduct other benefits which may be provided to you as a Supplier;
  3. disallow or restrict the use of all or part of the Services and/or the Website;
  4. deny or decline any new application for Supplier account submitted by you within one (1) month from the date of termination;
  5. disallow the use of your previous Supplier ID for any new Supplier account applied for by you, at our sole and absolute discretion; and/or
  6. claim for compensation or damages pursuant to Clause 2.9. 
  1. The Company shall provide you prior notice of the steps to be taken under Clause 2.8.1 above by telephone or e-mail. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter. 
  1. Compensation for Losses
  1. Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
  1. We may at our sole discretion, whether in full or in part, deduct any costs and expenses incurred or suffered by us from any Remittance due to you, and remit to you the remainder of the Remittance after deduction of such costs and expenses, if any. For the avoidance of doubt, the exercise of the foregoing discretion by us shall not be deemed as a waiver of our other rights and remedies against you and we reserve the right to recover from you, whether in full or in part, any costs and expenses incurred or suffered by us.  
  1. Relationship of Parties

The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable sale and purchase transactions between the Supplier and the Buyer. This Terms and Conditions does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and the Company.

  1. Use of Website and Services
  1. Compliance
  1. As a condition of your use of the Services and/or access to the Website, you agree that: 
  1. Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to: 
  1. committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
  2. distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
  3. using the Services to promote and facilitate pyramid schemes;
  1. Compliance with Terms and Conditions. You shall comply with this Terms and Conditions and Policies.
  2. Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services (“Contents”): 
  1. which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
  2. which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
  1. Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
  2. Use of Personal Data. You shall not collect or post personal information about other Buyers or other third parties, including email addresses, without their consent.
  3. Abusive Behaviour. You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to: 
  1. transferring your Supplier account and Supplier ID to another party and/or allowing access by a third party to your Supplier account and Supplier ID without our express written consent;
  2. directly entering into and completing any Transaction with Buyer outside of the Website and/or without using PrestoPay or any other modes of payment provided by the Company on the Website (“direct dealing Transactions”); 
  3. exploiting or attempting to exploit any benefits provided by the Company by signing up for multiple accounts;
  4. manipulating the price of any item or interfering with other Supplier’ listings; or
  5. taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
  6. Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to: 
  1. distributing viruses or any other technologies that may harm the Website, or the interests or property of others;
  2. undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
  3. monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
  4. engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
  5. engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
  6. Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from: 
  1. persistently raising complaints without any reasonable grounds or justification; or
  2. engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
  1. The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Website, terminate your access to the Website and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Clause 4.1.1 above. 
  1. Please report to the Company should you be asked to enter into any direct dealing Transactions, as described in Clause 4.1.1(f)(ii) above. The Company shall not be responsible for any problems or issues suffered by you or any third party arising in relation to such direct dealing Transaction. 
  1. Liability for Third Party Websites

The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Website or links on the Website for your convenience, and you visit such third party sites at your own risk.

  1. Suspension of Services
  1. The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to: 
  1. maintenance work on the Website;
  2. the occurrence of power or communications outage;
  3. technical problems on the part of our third party suppliers or partners;
  4. the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
  5. any other reason(s) that the Company may deem necessary for such suspension.

Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.

  1. The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.
  1. Intellectual Property Rights
  1. Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents ("Site Contents"). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
  1. Trademarks. All icons and logos in the Website are registered trademarks or trademarks or service marks owned or licensed by the Company and/or by the respective owner and/or licensor and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
  1. Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Website by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
  1. Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
  1. Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
  1. Affiliates. In order to boost sales, information regarding Products displayed for sale by any Supplier on the Website may be disclosed to the Company's affiliated third parties, including websites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Polices.
  1. Indemnity. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.
  1. Claims from a Third Party. Where you have received claims from a third party that your postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Website from and in such claims.
  1. Complaints. You shall notify the Company as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Company, its directors and employees and / or the Website arising from your use of any Intellectual Property Rights must shall be fully compensated by you.
  1. Usage. If you post content or submit material to the Website, and unless the Company indicates otherwise, you are deemed to have a granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  2. Access and Interference
  1. The Website contains robot exclusion headers. Most of the information on the Website is updated on a real time basis and is proprietary or is licensed to the Company by Website’s Suppliers or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission from the Company.
  1. Additionally, you agree that you will not: 
  1. take any action that imposes or may impose, in the Company's sole and absolute discretion, an unreasonable or disproportionately large load on the Website's infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Website without the prior written permission of the Company;
  3. interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
  4. bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Website.
  1. Disclaimer of Warranties
    1. We provide the Website on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing we give no warranty:
      1. That the Website and its other software or services will be error-free or uninterrupted;
      2. Regarding uptime, use, data security, accuracy and reliability of Services;
      3. That our security procedures will prevent the loss of, alteration of, or improper access to your information;
      4. In relation to any third party offerings or products available via Services; and
      5. In relation to the availability of external sites or resources on the Website, or for any of its content, advertising, products or other materials. 
  2. Liability
    1. To the extent permitted by law, the Company (including without limitation, its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of Services.
  1. You hereby indemnify and hold the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of the Terms and Conditions and Policies, or your violation of any law or the rights of a third party.
  1. Notice
    1. All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
  1. Unless specified otherwise in this Terms and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address: 

Presto Mall Sdn. Bhd., 
Unit C-2-01, Level 2, Capital 3, Oasis Square 
No. 2, Jalan PJU 1A/7A, Ara Damansara 
47301 Petaling Jaya 
Selangor Darul Ehsan 
Malaysia

  1. Assignment

The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Website, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.

  1. Governing Law

The Terms and Conditions herein shall be governed by and construed according to the laws of Malaysia and is subject to the exclusive jurisdiction of Courts in Malaysia. 

  1. Force Majeure

Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.

  1. Severability

If any provision of these Terms and Conditions and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.

  1. Waiver

A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.