Merchant Terms & Conditions
to Sahabat Bazaar.my. Thank you for visiting
any other domestic sites readily set up by the companies worldwide, and
all other sites, mobile sites, services, applications, site, and tools
(collectively, the “site”) which are governed by the following terms and
condition (“t&c for merchant”).
terms and conditions sets out the rights and obligations of merchants
who have registered or who is in the midst of registering as a merchant
in the site operated by Aim Solutions sdn. Bhd. ("AIMSSB") and all
services provided by the site and AIMSSB. “you”, “your” or “user” shall
refer to any natural or legal person as the merchant whereas “the
company” shall refer AIMSSB., the operator of the site, and its
2. Merchant’s Login in the site
shall be responsible for maintaining the confidentiality of your own
account and password, and for restricting any unauthorized access to
your account and you further to accept all liability and
responsibilities for all activities which originated from your account
with the company. If a member is under 18 years old at the time of the
member registration, the company shall be at liberty to reject your
application as a merchant and you shall not be allowed to use this site,
as stipulated in these terms. We reserve all rights to refuse service,
terminate accounts, remove or edit the contents, or cancel orders in our
sole discretion. Without limiting other remedies, we may limit,
suspend, or terminate the site, its service and user accounts, prohibit
access to the site and its contents, delay or remove hosted contents,
and take steps to keep users off the sites if, based on our sole
discretion, we are of the opinion that you are in breach of any terms
and conditions and the sop which are legally binding onto your good self
and/or you have been creating unnecessary problems to the company in
3. Merchant’s Covenants
You hereby agree, undertake and covenant the followings: -
- To list, to supply and to deliver halal and syariah compliant and/or premium quality products (“quality goods”) to the buyers who have placed their order in the site;
- Not to use the site as a merchant if you do not have legal capacity to enter into a legally binding contract or are under the age of 18 or are temporarily or indefinitely suspended from the site;
- to ensure that the merchant, its agents, servants and employees abide the sop as provided by the company from time to time;
- To ensure that the price listed on the site for the sale of the merchant’s quality goods shall not at any time be more expensive than the prices listed by the merchant for the similar quality goods on any other e-commerce site (if applicable);
- To ensure that the merchant, at all times possesses a legal, valid and current halal certification for its quality goods on required categories, so long as the merchant’s registration with the company is legal, valid and subsisting;
- To ensure that the stocks for the quality goods is available throughout the listing of the quality goods on the site;
- To ensure that the quality goods listed on the site are of good and merchantable quality;
- To ensure that the quality goods delivered to the buyers are of good and merchantable quality;
- To provide to the company the renewed halal certificate for their products upon its renewal yearly (applicable on the required categories);
- To conform with their local regulations, rules and regulations and authority not to violate any laws, third party rights, or policies such as the restricted categories;
- To manage and ensure that relevant information such as the price and the details of the quality goods, inventory amount and terms and conditions for the quality goods are updated from time to time and the merchant shall not post inaccurate information onto the site;
- Circumvent or manipulate the fee structure or the billing process;
- Take any action that may undermine the reputation of the site and the company;
- Transfer and/or assign your account to a third party without prior written consent from us.
- To ensure that the quality goods listed on the site are genuine, authorized, legitimate, do not infringe the intellectual property rights of any third party, and do not violate any applicable and prevailing laws and / or norms;
- To ensure that the postings of the products or services, and the products or services sold are in compliance with all applicable rules and regulations in the merchant and the buyer’s country;
- To ensure that the merchant, its servants, employee, agents, staffs shall not submit, and is not permitted to market or sell the following category of items on the site (“prohibited goods”) any cosmetics endangering the safety or health of the customer, items without authorization from the relevant authority, pornography materials, firearms or any hazardous weapons, black-market items, stolen goods or goods which are appropriated, goods that were imported illegally and illegal items. The above categories of prohibited goods are not exhaustive and the company reserves their rights to amend, vary, expand the said categories of prohibited goods, which shall bind the merchant from time to time;
- To refrain from posting false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- To refrain from distributing or posting spam, chain letters, or pyramid schemes;
- To refrain from distributing viruses or any other technologies that may harm the site, or the interests or property of users of the site;
- To refrain from copying, modifying, or distributing the contents from the site and AIMSSB and/or the company’s copyrights and trademarks;
- Manipulate the price of any product or interfere with other user's listings;
- You shall not, during or after the expiry or termination of this agreement, use the name “Sahabat Bazaar” in or as the whole or part of its own trademarks, domain names and / or trade names or in a manner which may be confusing, misleading and / or deceptive; and in a manner that causes Sahabat Bazaar to be in disrepute;
- To refrain from harvesting or otherwise collect information about users, including but not limited to the buyer’s name, address, email addresses, contact numbers, for the merchant’s personal benefit and gain including but not limited to dealing directly with the buyers or users without the knowledge of the company. In the event the company realized that the merchant has dealt directly with the buyers; the merchant shall be liable to reimburse the company the expected revenue which is supposed to be earned by the company but for the merchant has dealt with the buyers through the site.
In any event if you have breached any covenant, the company reserves its rights to take action against you in a range of actions, including but not limited to listing cancellation, account suspension / termination and/or criminal charges and / or claims for damages.
4. Service Charge
fees payable by you to the company varies depending on which platform
you wish to apply for as a merchant. The company do charge transaction
fee for completed transactions carried out on the site. The said
transaction fee varies depending on the category of quality goods sold.
All service fees are subject sales and service tax (“SST”), and/or other
taxes under all applicable laws and regulations of other jurisdictions.
The fees payable shall be for one (1) full calendar year upon live
activation of your account and shall be in accordance to the company’s
5. Settlement Amount
settlement amount payable to a you for a sales call shall be net after
deductions of transaction fees, shipping cost, financial charges, SST,
Forex exchange and any other miscellaneous charges (if any) and shall be
in accordance to the company’s SOP.
6. Intellectual Property Rights
hereby agree and undertake to ensure that all contents including
without limitation listings, information, specifications, photographs,
and products for sale as supplied or provided by you on the site 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 subsisting in any part of the
world belonging to third parties. In the event you are leveraging on a
third party’s 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. Should there be any
complaints or alleged claims of infringement or violation of
intellectual property rights made by any third party against your use of
intellectual property rights on the site, we may at our sole discretion
and without notice to you to take down the listing, information,
specification and / or photograph complained of and suspend sales of
your corresponding product. You shall indemnify and hold the company and
its directors and employees harmless from all actions, claims and
demands which may be instituted or made against the merchant arising
from your use of intellectual property rights or violation of any
applicable intellectual property laws. Should you received claims from
third party that your listing on the site has infringed or violated 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 notify us as soon as practicable
of any complaints or alleged claims of infringement of intellectual
property rights by any third party. You shall to the extent possible
exempt and not involve the company, its directors and employees, and the
site from and in such claims. All losses and costs to the company, its
directors and employees and / or the site arising from your use of any
intellectual property rights must shall be fully compensated by you.
Delivery for item sold will be your sole responsibility. In any, issues relating to dispute between you and buyer, kindly refer to our customer service officer for assistance.
8. Cancellation, Exchange, Return & Refund
Kindly refer to our customer service officer for more information.
9. International Trading
is important that all listings and transactions comply with applicable
laws governing the merchant and the respective buyers. It is your
responsibility, as a global merchant to ensure that all the transactions
are lawful in both the country of the global merchant and the buyer’s
country. We strongly encourage you to learn about your country’s law as
well as those of the buyers. You must ensure that the quality goods that
you are selling can be lawfully posted outside of the country where you
are located and also the make sure that you can lawfully export the
product into the buyer’s country before sending the quality goods.
10. Dispute between Buyer and You
occasions where a dispute arises between you and the buyers, you hereby
agree not to get the company, our officers, directors, agents,
subsidiaries, joint ventures and employees, involved pertaining any
claims, demands and damages, actual and consequential, of every kind and
nature, known and unknown, arising out of or in any way connected with
such disputes between you and the buyer(s).
acknowledge and agrees that the company has no obligation to become
involved in, or accept liability for disputes between you and any buyer.
You hereby agrees to indemnify and keep the company (and its officers,
directors, agents, affiliates, subsidiaries, successors, insurers,
investors, and employees) indemnified, from all actions, suits, claims,
damages (actual and consequential), judgments, levies, executions,
liabilities, losses, expenses, and other costs, known or unknown,
suspected or unsuspected, actual or contingent, including, without
limitation, reasonable attorneys' fees, due to or arising out of your
breach of this t&c, sop, or your violation of any law or the rights
of a third party.
12. No Warranties
hereby agree that you will not hold us responsible for other users'
content, actions or in actions, or quality goods listed by other users,
for whatsoever reasons. You acknowledge that the company merely provides
a marketplace for sellers and buyers to carry out transactions. We are
not, whether directly or indirectly, involved in any transaction between
the buyers and you. We do not guarantee the quality, safety or legality
of products advertised, the truth or accuracy of users' content or
listings, or that a buyer or sellers will actually complete a
transaction. We do not transfer legal ownership of products from you to
the buyer. Unless buyers and you agree otherwise, the buyer will become
the quality good's lawful owner upon physical receipt of the quality
goods from the merchant. We cannot guarantee continuous or secured
access to our services, and operation of the site may be interfered with
by numerous factors beyond our control. We will not be liable for any
loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages arising out of your use of the site and services
to the extend as permitted by the law. All materials, information,
software, products, services and other content contained in this web
site, or from a linked site obtained provided is to the user "as is"
without warranty or conditions of any kind, express or whether implied,
including, but not limited to, the implied warranties or conditions of
merchantability and fitness for a particular purpose, title,
non-infringement, security or accuracy. We made reasonable efforts to
post current and accurate information on this website. However, we
assume no responsibility for any errors, inaccuracies or omissions
whatsoever in the information provided in this website. Under no
circumstances will we be liable for any loss or damage by the user's
caused by reliance on information obtained through this website. It is
the user's responsibility to evaluate the accuracy, completeness or
usefulness of any information provided and use of this website is solely
at the user's own risk.
13. Limitation of Liability
hereby agree that we shall not be responsible for unauthorized access
to or alteration of their transmissions or data, any material or data
sent or received or not sent or received, or any transactions entered
into through this site. You further agree that we are not liable or
responsible for any threatening, defamatory, obscene, offensive or
illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights and that we
will not be responsible for any content sent using the communication
services and / or included in this site by any third party. We shall
never be liable for any special, incidental, indirect, or consequential
or punitive damages of any kind, or any damages whatsoever, whether in
contract, tort, strict liability or otherwise, including without
limitation, those resulting from reliance on the materials presented,
costs of replacement products, loss of use, data or profits, delays or
business interruptions and any theory of liability, out of or in arising
connection with the use of, inability or to use this site, whether or
not we have been advised of the possibility of such damages.
The company is entitled to terminate this your membership by giving one month’s notice to the merchant at any time, if: –
- You have committed any breach of any of its obligations or covenants under this terms and fails to take appropriate steps to remedy such breach (if capable of remedy) within 30 days after being given notice so to do by the company; or
- You fail to abide the sop provided by the company; or
- The company has sufficient evidence to prove that you have acted in whatsoever manner that has caused the company to suffer financially; or
- The company and/or Sahabat Bazaar has received too many negative reviews on you, from the buyers; or
- The merchant fails to possess a legal, valid and subsisting halal certificate for the quality goods as required by the company’s integrity committee (if applicable); or
- You being a company, has a winding up petition commenced against the it or enters into liquidation whether compulsory or voluntary or has a receiver appointed; or
- You have entered into an arrangement of the benefit of its creditor(s); and/or whenever any of the events referred to in this clause happens to or in relation to any one or more of them; or
- You have used the advertising and promotional materials without written consent from the company.
Upon termination of your membership, you shall fulfill any outstanding orders for the goods and products upon the company’s written request. For avoidance of doubt, termination of your membership or any order for any reason will not affect your obligations with respect to returns, warranty, recalls, and customer service, you shall be liable to pay to the company a sum equivalent to the annual subscription fees as the agreed liquidated damages; and this agreement will absolutely cease, and neither party will have any further obligation under this agreement to the other party.
15. Standard Operating Procedure
is hereby agreed between the parties that the company shall, from time
to time, provide to the merchant the updated version of AIMSSB’s SOP
which is related to the merchant duly uploaded in the back end manager
A. You hereby agree and undertake that notification that the latest version of sop was uploaded onto the back end system, you shall procure or cause to procure the said sop to be carried out and conformed by your agents, servants and employees.
B. Notwithstanding this provision, we reserve the right to amend the sop from time to time by giving notification to you regarding the amendment of terms in the sop.
E. Any failure on the merchant’s part to carry out and to conform with the latest version of sop shall be deemed to be a breach of this agreement, wherein the company shall have the rights to either terminate this agreement in accordance to clause 13 hereof or to issue a show cause letter to the merchant.
any provision of these terms is held invalid or unenforceable, such
provision shall be deemed severable and the remaining provisions shall
be enforced. Headings are for reference purposes only and do not limit
the scope or extent of the relevant section. The company's failure to
act with respect to a breach by you or others does not waive the
company's right to act with respect to the same, subsequent or similar
breaches. The company does not guarantee that we will take action
against all breaches of these terms. The execution, validity,
interpretation and implementation of these terms shall be governed and
construed in accordance with the laws of the malaysia.
agree, covenant and undertake not to disclose, without the company’s
advanced written authorization, or use for any purpose other than as
necessary to perform its obligations under this terms or an order for
goods or products, any of the information or subject matter that the
company discloses or makes available to you that is of a proprietary or
confidential nature, including without limitation, any information or
data relating to orders, sales techniques, designs, technology, business
partners, business plans, finances, customers, pricing, margins,
policies, procedures, forms, and this terms and related documentation.
18. Modification of Terms
acknowledge and agrees that notwithstanding any contrary provision, the
company may modify the terms and conditions of these terms at any time.
It is your responsibilities to check the site for modified terms upon
receiving notification from the company.
19. Submission not amounting to Acceptance
You hereby understand and acknowledge that submission of application form to the company does not guarantee acceptance by the company. It is the prerogative of the company to approve (or otherwise) any application submitted by you. In furtherance, the company may reject any application without assigning any reason thereto. Once the company has received full documentations from you, the company’s integrity team shall review the said documentations, including the products listing submitted by you. In the event if only partial number of products were accepted by the company as compared to the full listing submitted, you hereby agree that you shall not be entitled to request for the annual subscription fee to be prorated and refunded to you accordingly.