Terms and Conditions for Merchant at Halal Food Master
Welcome to HalalFoodMaster.com. Thank you for registered as a merchant on our website www.HalalFoodMaster.com.(Site) which are governed by the following Terms and Condition(“T&C(Merchant)”).
The 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 Echelon Sdn. Bhd. ("Halal Food Master") and all services provided by the Site and Halal Food Master. “You
” or “Merchant
” shall refer to any natural or legal person as the Merchant whereas “the Company” shall refer to Echelon Sdn. Bhd., the operator of the Site, and its subsidiaries.
By accessing this Site, You hereby agree that this T&C (Merchant), the Company’s Standard Operating Procedures (“SOP
2. Merchant’s Login in the Site
You 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 liabilities 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 this terms.
We reserve all rights to refuse service, terminate account, 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 whatsoever manner.
3. Merchant’s Covenants
You hereby agree, undertake and covenant the followings: -
a. To list, to supply and to deliver only Halal-certified and Syariah compliant food and beverage products (“Goods”) to the buyers who have placed the order(s) in the Site;
b. 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;
c. Given full authority to the company to collect payment on behalf of your company (vendors) for every successful transaction.
d. To ensure that the Merchant, its agents, servants and employees abide the SOP as provided by the Company from time to time;
e. To ensure that the Merchant, at all times possesses a legal, valid and current Halal Certification for its Goods on required categories, so long as the Merchant’s registration with the Company is legal, valid and subsisting;
f. To ensure that the stocks for the Goods is available throughout the listing of the products on the Site;
g. To ensure that the Goods listed on the Site are of good and merchantable quality;
h. To ensure that the Goods delivered to the buyers are of good and merchantable quality;
i. To provide to the Company the renewed Halal certificate for their products upon its renewal yearly (applicable on the required categories);
j. To conform to their local regulations, rules and regulations and authority not to violate any laws, third party rights, or policies such as the Restricted Categories;
k. To manage and ensure that relevant information such as the price, images, details of the Goods, inventory amount, product expiration date, terms and conditions for the products are updated from time to time and the Merchant shall not post inaccurate information onto the Site;
l. Circumvent or manipulate the fee structure or the billing process;
m. Take any action that may undermine the reputation of the Site and the Company;
n. Transfer and/or assign your account to a third party without prior written consent from the Company;
o. To ensure that the 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;
p. 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;
q. 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 in-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.
r. To refrain from posting false, inaccurate, misleading, defamatory, or libellous content (including personal information);
s. To refrain from distributing or posting spam, chain letters, or pyramid schemes;
t. To refrain from distributing viruses or any other technologies that may harm the Site, or the interests or property of users of the Site;
u. To refrain from copying, modifying, or distributing the contents from the Site and Halal Food Master and/or the Company’s copyrights and trademarks;
v. Manipulate the price of any product or interfere with other user's listings;
w. You shall not, during or after the expiry or termination of this Agreement, use the name “Halal Food Master” 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 Halal Food Master to be in disrepute;
x. 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.
y. 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. Transaction Fee
You hereby agree and accept that Halal Food Master will be collect transaction fee / commission from you on every successful transaction.
5. Settlement Amount
The settlement amount payable to you shall be net after deduction of transaction fee / commission per successful transaction, shipping cost, financial charges, GST and any other miscellaneous charges (if any) and shall be in accordance to the Company’s SOP.
“Cut-off” date for every payment would be at every 15th of the month provided fulfilment(s) fully received by buyer and already in complete status. Order in payment verification, shipping in progress or processed status on every 15th of the month shall not be proceed with settlement of sales.
The mode of payment will be in cheque form / reflex transfer, made payable within 7 working days. You are compulsory to key in an accurate bank account number to avoid any unnecessary scenario.
6. Intellectual Property Rights
You hereby agree and undertake to ensure that all contents , 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.
a. You hereby agree and undertaken to ensure that Goods delivered are the right product, good condition and merchandisable quality.
b. Product durability shall not be less than 6 months to expiry date.
c. The delivery price will be automatically calculated using Site’s internal tool depending on the size, weight, distance and mode of the fulfilment of the product and will be displayed once the buyer keys-in the address for delivery.
d. The packaging of products to be borne by the seller at the seller’s cost.
e. You are required to despatch the order to the buyer within 3 working days from the date HFM notifies the merchant via email or by phone call.
f. You are to ensure product delivered to correct shipping address accordance to invoice on the Site.
g. You are to follow up and update the status of delivery to provide seamless services to buyers.
In the event you failed to provide the product as described on the site and as ordered by the buyer and necessitating an exchange, the cost involved in order to effect the exchange will be fully borne by you and will be debited from the amount of the sale price due to be remitted to you.
8. Cancellation, Exchange, Return, and Refund
Cancel & Refund: You understand that fulfilment lead time are within 3 - 15 workings days upon “Processed” status. Any delayed circumstances (end of life for products, absentee of PIC and etc.) from seller are prohibited. Halal Food Master have the rights to penalty 10% on the total order amount unless you have a reasonable justification.
Return & Exchange: You shall indemnify and hold Halal Food Master Employees harmless from all return / exchange action or demand due to bad conditions, expired products, wrong products model sent and etc.
9. Dispute between Buyer and You
In 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).
You 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.
11. No Warranties
You will not hold the Company responsible for other Members' content, actions or inactions, or Products listed by Members, including content they post.
You understand and agree that Transactions between you and Members on the Website are deemed to be private contractual arrangements between you and such Members, and Echelon Sdn Bhd is not a party to, and does not represent the Members or you in such transactions. The Company is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient Services on the Website.
The Company and the Website have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of Members' content or listings, the ability of any Member to sell or purchase Products or that any Transaction will be successfully completed.
The Company and the Website does not transfer legal ownership of Products from a Seller to a Buyer. Unless a Buyer and Seller agrees otherwise, Buyer will become the Product's lawful owner upon physical receipt of the Product from Seller.
The Company cannot guarantee continuous or secured access to the Services, and operation of the Website may be interfered with by numerous factors outside of the Company's control.
If a you have a dispute with one or more Members, you hereby release the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, from 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.
Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and Services.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE WEBSITE, OR FROM A LINKED SITE IS PROVIDED TO YOU "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. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE MEMBERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE MEMBERS’ RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
12. Limitation of Liability
You 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 website.
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 website, whether or not we have been advised of the possibility of such damages.
The Company is entitled to terminate your account (after due investigation) by giving one month’s notice to the Merchant at any time, if: –
a. You have committed any breach of any of its obligations or covenants under these 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
b. You fail to abide the SOP provided by the Company; or
c. The Company has sufficient evidence to prove that you have acted in whatsoever manner that has caused the Company to suffer financially; or
d. The Company and/or Halal Food Master has received excessive negative reviews on you and from the buyers; or
e. The Merchant fails to possess a legal, valid and subsisting Halal Certificate for the Goods as required by the Company’s Integrity Committee (if applicable); or
f. 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
g. You have entered into an arrangement of the benefit of its creditor(s); and/or whenever any of the event referred to in this clause happens to or in relation to any one or more of them; or
h. You have used the advertising and promotional materials without written consent from the Company.
Upon termination of your account, you shall fulfil any outstanding orders for the goods and products upon the Company’s written request. For avoidance of doubt, termination of your account or any order for any reason will not affect your obligations with respect to returns, warranty, recalls, and customer service; and this Agreement will absolutely cease, and neither party will have any further obligation under this Agreement to the other party.
If any provision of this 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 this terms. The execution, validity, interpretation and implementation of this terms shall be governed and construed in accordance with the laws of the Malaysia.
You 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.
16. Modification of the terms
You 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.
17. 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 documentation, including the products listing submitted by you.