Purpose
The purpose of this is to clarify Seller Agreement the rights and obligations of Sellers who have registered themselves as Seller Members in http://bulkordernow.com (the “Website”) operated by GME Technical Services Sdn. Bhd. (Company Registration No: 429335-T) (“GME”) and all services provided by the Website and GME. Prior to this Seller Agreement, Seller Members must also accept Terms and Conditions of the Website. By accepting this Agreement Seller, Seller agrees that this Seller Member uses the Website and other related services, or at any occasions Seller Member uses the tools made available by GME.
Accounts
In using the Website, Seller Member is responsible for maintaining the confidentiality of Seller Member’s own account and password, and for restricting unauthorized access to Seller Member’s account. Seller Member hereby agrees to accept responsibility for all activities that occur under the Seller Member’s account.
If a member is under 18 years old at the time of the member registration, such member shall not be allowed to use this Website as a Seller Member, as stipulated in this Agreement. GME reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. Without limiting other remedies, GME may limit, suspend, or terminate the Website, its service and user accounts, prohibit access to the Website and its contents, delay or remove hosted contents, and take technical and legal steps to keep users off the sites if, based on GME’s sole discretion, it is Considered that Seller Member is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter spirit of GME Policies (for example, and without limitations, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users who we believe are harassing the employees of GME or other users). Additionally, GME may suspend or terminate the accounts of any Seller Members who may be recurring infringers of intellectual property rights of third parties. Also GME reserves the right to cancel accounts that have been inactive for 1 (one) year, in accordance with the Policies as determined by GME. While using this Website as a Seller Member, Seller Member will not:
a.
Post Inappropriate content or products in the categories or areas on the Website or services;
b.
Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;
c.
Use the Website or services as a Seller Member if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Website;
d.
Manipulate the price of any product or interfere with other user’s listings;
e.
Take any action that may undermine the feedback or ratings systems;
f.
Distribute or post spam, chain letters, or pyramid schemes;
g.
Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
h.
Copy, modify, or distribute the contents from the Website and GME’s copyrights and trademarks; or
i.
Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or
j.
Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by GME. Violations of this Agreement may result in a range of actions, Including but not limited to:
1.
Listing cancellation
2.
Loss of Settlement Amount
3.
Limits placed on account privileges
4.
Account suspension / termination
5.
Criminal charges and / or claims for damages
Service Fees
Joining the Website is free. However, GME Seller Member does charge a number of service fees such as Transaction Fee, various service fees for marketing and promotion features, and other service fees as determined by GME as stipulated in GME’s Fees Schedule. When a Seller Member uses a product or a service that has a fee, the Seller Members will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees Schedule. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and GME may charge the Seller Member such GST and other taxes additionally. Seller Member agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Seller in accordance with the Policies determined by GME.
Seller Member Obligation
Seller Member shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated through the Seller Office and shall not post inaccurate information. The price of products for sale will be determined by Seller Member at his / her own discretion. Seller Members may wish to take into consideration all relevant factors, Including, but not limited to, Transaction Fees, shipping cost and other service fees.
The settlement amount (before deducting there from any service fees) payable to a Seller Member for a sales call now will be determined by the seller at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any, and Sellers shall not charge buyers reviews such amount additionally and separately. Members agree that GME Seller may, at its discretion, engage in promotional activities for and on behalf of the Seller Members to induce transactions between buyers and sellers Members by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Seller Members. The final price that buyers will actually pay shall be the price that such adjustment is applied. For the purpose of promoting the sales of products listed by Seller Members, GME may post such products, at an adjusted price, on third-party websites, such as portal sites and price comparison sites, and other websites, whether it’s domestic or foreign, operated by GME and / or its affiliates. Seller Members shall issue receipts or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia.
Intellectual Property Rights
Seller Members shall ensure that all contents including without limitation listings information, specifications, photographs, and products for sale as supplied or provided by Seller Members 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 subsisting in any part of the world belonging to third parties.
Seller Members 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 the Seller Members’ use of Intellectual Property Rights on the Website, GME may at its sole discretion without notice to the Seller Member take down the listing, information, specification and / or photograph complained of and suspend sales of the Seller Member’s corresponding product until such time GME at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid. In order to boost sales, information regarding products and services provided by Seller Members on the Website may be disclosed to GME’s affiliated third parties, including websites owned by and / or affiliated to such third party, as well as blogs belonging to other members of the Website Where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by GME in the Policies and is subject the agreement of the member who wishes to disclose another member’s information to the Policies set by GME Seller Members shall indemnify and hold harmless GME and its directors and employees from all actions, claims and demands which may be instituted or made against the Seller Members arising from the Seller Member’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. Seller Member has received claims from Third that their 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, Seller Members shall to the extent possible exempt and not involve GME, its directors and employees, and the Website from and in such claims.
Seller Members shall notify GME 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 GME, its directors and employees and / or the Website arising from the Seller Member’s use of any Intellectual Property Rights must shall be fully-compensated by the Seller Member.
Seller Members shall not, during or after the expiry or termination of this Agreement, use the name “BulkOrderNow” (a) in or as the whole or part of its own trademarks, domain names and / or trade names; (b) in a manner which may be confusing, misleading and / or deceptive; and (c) in a manner that disparages GME.
Product
Seller Members warrant that the product and service listed on the Website are genuine, authorised, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and / or norms Seller Members shall immediately furnish evidence upon request that Seller Member is the owner and / or is allowed permitted and / or authorised to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Website. Seller Members further warrant that the postings of the products or services, and the products or services sold are in compliance with all applicable Malaysian laws, including the Consumer Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952. Seller Members shall immediately furnish evidence, such as a copy of the relevant legal requirements.
If the Seller Member violates any of its warranty as-provided in this Article 6 and / or other Policies as determined by GME, GME has the right to terminate or cancel this Agreement immediately without notice to Seller Members, and to cease all kind of advertisement listing, information, specifications, photographs, and / or announcement with regards to Seller Members along with the Product (s) related to Seller Member’s account and has the right to demand payment from the Seller Members of any cost and losses incurred by GME.
Delivery
On receipt of the payment from the buyer, GME will notify the Seller Members of the paid order. Seller Members should then confirm that they have received the corresponding order and take necessary actions for delivery. If the Seller Member fails to do so, GME shall be given the option to cancel the corresponding order. Seller Members should ship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through the Seller Office. If the Seller Member fails to do so, GME may reserve full authority to give the option to the Business Buyer to cancel the transaction before the Product has been shipped. GME shall not be responsible or liable for any losses or damages to the corresponding Seller Member such due to cancellation. For pre-order method, Seller Members must input the date when the Product will be ready. Once the Product is ready, the same policy with regular orders will apply. If Seller Member fails to do so, GME reserves the right to cancel the transaction and shall not be responsible or liable for any loss or damages to the Seller Member due to such cancellation. For direct delivery method, Seller Members shall take actions for the buyer to receive product within the time period specified by Seller Member on the product detail page. If Seller Member fails to do so, GME may cancel the transaction and shall not be responsible or liable for any losses or damages to the Seller Member such due to cancellation. Seller Member shall take all reasonable actions for the buyer to receive the Product within the time period specified on the product detail page. If any transaction is cancelled due to, reasons attributable to the Seller, eg. Unavailability of the Products, GME may take necessary actions against the Seller. GME may, at its option, provide overseas delivery service and other services relating to delivery in association with third-party service providers. The delivery method and provisions stipulated in the Article, will comply and be in accordance with the Policies as determined by GME. In the event of any express conflict or difference (s) between this Article and the Policies, the Seller Member hereby agrees with GME that the Policies shall PREVAIL.
a.
Local product delivery is not less than 5 working days to your doorstep for ready product depending on the buyer location.
b.
Oversea product delivery is at least 30 days to your doorstep but depends on the international shipment schedule. This is subject to buyer using shipping service provide by GME as buyer can opt to using their own shipping provider.
Cancellation, Exchange, Return, and Refund
Buyers may cancel purchases at any time before the Product status is in “delivery”. Once the purchased Product is in “delivery” status, cancellation will be subject to Seller Member’s approval and GME Member’s Policies. No request by a Business Buyer for refund or exchange of a Product.
Settlement
Seller Member shall submit business identification information such as business licenses or company documents as requested by GME and bank account information together with documents, as required by GME, evidencing that the bank account is owned by and in the name of the Seller Members when completing the seller registration. Seller Members shall not claim against GME for damages, other than those stipulated in the Policies as determined by GME. The amount payable by GME to the Seller Members for any completed transactions through the Website is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyers. GME may deduct from the Settlement Amount to any expense or loss to which ,may have arisen due to the fault of the Seller, or in order to protect against the risk of liability, payments of the settlement amount may be withheld at GME's discretion.Seller Members must choose Settlement method upon registration, either via direct transfer to Seller Member’s bank account. The Settlement Amount shall be paid within 30 (thirty) days from product delivery as indicated on BulkOrderNow.
By agreed with this Agreement, Seller Member is authorized GME to collect payment on behalf in any ordering or purchasing involved.
Custom
If the country of a Seller, the Business Buyer is considered the importer of record and must comply with all laws and regulations of Buyer’s Country (“Country”). Buyers should make sure that they can lawfully import the product into the Country before purchasing the Product. Business Buyer may be subject to import duties and taxes, which are levied once a shipment reaches the Country. In principle, the additional charges for customs clearance must be borne by the Seller if not specified otherwise in the product detail page explicitly; GME has no control over these charges. These charges cannot be predicted. Seller may wish to contact the local customs office for further information on the Country customs policies as customs policies vary country to country. GME suggests that Buyer and Seller will ship internationally be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, GME or Seller may provide on certain order, shipment, and Product information – such as titles – tot the international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require GME or Sellers to state the value of the purchased Product directly on the package.
Privacy Protection
GME views protection of buyers and sellers Member (the “Member”) privacy as a very important community principle. Member information is stored and processed on computers protected by physical as well as technological security devices. GME do not sell or lease-out Seller Member’s personal information to third parties for marketing or business Review their purposes without consent from the Seller Members. Usage of Seller Member information will be limited to purposes as described in the Terms & Conditions and other Policies as determined by GME. Seller Members can access and modify information-provided to GME and choose not to receive on certain communications by signing-in to Seller Member’s account in the Website. GME may use third parties to verify and certify GME’s privacy principles. For a complete description of how GME Reviews such use and protect information, please refer to GME Privacy Policy. If Seller Member objects to your information being transferred or used in this way, please do not use the Website and other services Offered by GME. For the avoidance of doubt, has reasonable grounds if GME to believe that any User is in breach of any of the terms of this Agreement and / or the Terms and Conditions and / or other Policies as determined by GME, GME reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private Investigators, all the rightful owner(s) or interest holder(s) and / or Injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, GME may disclose the Member’s identity and contact information, or Reviews such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and / or any injured third party or as a result of a subpoena or other legal action, or if GME is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. GME shall not be liable for damages or results arising from Reviews such disclosure, and the user(s) agrees not to bring an action or claim against GME for Review such disclosure. By agreeing to this Seller Agreement, the Seller Members consent that the personal information collected will be processed in accordance with the Privacy Policy.
Content
Seller Members may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise Injurious to third parties or objectionable and does not Consists of or Contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Seller Members may not use a false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content. GME reserves the right, but not the obligation, to remove or edit Reviews such content, but does not regularly review posted content. If a Seller Member posts a content or submit a material, and unless GME indicates otherwise, the Seller Member is deemed to have a granted GME 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. Seller Members are deemed to have granted GME and sublicenses the right to use the name that Members submit Seller in connection with such content, if they choose. Seller Members Represent and warrant that Seller Members own or otherwise control all of the rights to the corresponding contents posted by Themselves in the Website; that the content is accurate; that use of the content supplied does not violet the Policies and will not cause injury to any person or entity; and that the Member will indemnify Seller for all claims GME the resulting from content supplied. GME has the right but not the obligation to monitor and edit any activity or content. GME takes no responsibility and assumes no liability for any content posted by Seller Member or any third party.
Other Businesses
Parties other than GME may, operate stores, provide services, sell products or list advertisement on the Website, and this site may link to sites of affiliated companies and on certain other companies. GME is not responsible for examining or evaluating, and also does not provide any representations or warranties the Products or businesses or individuals or the contents of their Websites. GME does not assume any responsibility or liability for the actions, Product and contents of any such affiliated companies and any other third parties. Seller Members should also carefully review the privacy policy and the statements and other conditions of use of such links.
Release
If a Seller Member has Disputes with one or more users, the Seller Members hereby release GME, 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.
Access and Interference
The Website contains robot exclusion headers. Much of the information on the sites is updated on a real time basis and is proprietary or is licensed to GME by Website users or third parties. Seller Members agree that not to use any robot, spider, scraper or other automated means to access to Website for any purpose without the prior written permission GME’s. Additionally, Seller Members agree that they will not:
1.
Take any action that imposes or may impose, in GME sole 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 Seller Member’s own Information, from the Website without prior written permission of GME, as applicable;
3.
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4.
Bypass GME robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Indemnity
Seller Members hereby indemnify and hold GME, 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 Seller Member’s breach of this Agreement, or Seller Member’s violation of any law or the rights of a third party.
No Warranties
Seller Members will not hold GME responsible for other Users’ content, actions or inactions, or Product listed by Users, including content they post. Seller Members acknowledge that GME and the Website is not a traditional online shopping service provider or Auctioneer. Instead, GME and the Websites provide an electronic marketplace Business Buyer and Seller Members to carry out transactions between Buyers and Seller Members. GME is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient services on the Website. GME and the Website are not involved in the actual transaction between business buyers and Seller Members. GME and the Website have no control over and do not guarantee the quality, safety, or legality of products advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell products Members, the ability of buyers to pay for Product, or that a business buyer or Seller Members will actually complete a transaction. GME and the Website do not transfer legal ownership of products from Seller Members to the business buyer. Unless buyers and seller Members agree otherwise, the buyer will become the Product’s lawful owner upon physical receipt of the Products from the Seller Member. GME cannot guarantee continuous or secured access to our services, and operation of the Site may be interfered with by numerous factors outside of GME’s control. Accordingly, to the extent that is legally permitted, excludes all implied warranties GME, terms and conditions. GME is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential dames arising out of Seller Members use of the Website and services. All materials, information, software, products, services and other content contained in this Website, 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. GME has made reasonable efforts to post current and accurate information on this website; however, GME assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information provided in the website. Under no circumstances will GME 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. Some jurisdictions do not allow the exclusion of certain warranties, so the above may exclusions limitations or not apply to some users.
Limitation of Liability
Specially Seller Member agrees that GME 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. Specifically Seller Members agree that GME is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct or any other party or any infringement of another’s rights, including intellectual property rights. Specifically Members also agree that GME is not responsible for any content sent using the communication services and / or included in this site by any third party. In no event shall GME be liable for any special, incidental, indirect, or consequential or punitive damages or any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitations, those resulting from: (1) Reliance on the materials presented, (2) Costs of replacement products, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability, out of or in arising connection with the use of, inability or to use this website, whether or not GME has been advised of the possibility of such damages.
Disclaimer Notice for sellers who sell skincare, beauty, supplement & healthcare products in BulkOrderNow platform. This product may fall under the Health's regulatory authority. Seller shall be solely responsible to ensure that the products sold by seller are safe to use and/or applied. Seller shall also bear the responsibility to ensure that any critical information regarding the product's application to be shared with consumers during purchase. GME shall not be liable should any of the products sold by the seller is found to be not safe to use and/or to be applied, as such seller will be solely and fully responsible for any action that is taken against them.
Termination
This Agreement will be terminated forthwith by either Party by written notice in any of following events:
1.
If Seller Member’s membership status in the Website is terminated and / or revoked; or
2.
If the other shall be in breach of any of the terms and conditions of this Agreement and / or the Terms and Conditions and / or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
3.
If either Party is unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver generally is appointed over all or any part of its assets or suffers any execution over reviews such assets. However, the Parties agree that either Party shall be entitled to undergo reorganization and / or amalgamation etc. and the other party shall not be entitle to terminate this Agreement on account of reorganization and / or amalgamation; or
4.
If either Party can not comply with, or obtain or maintain any Necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or
5.
If either Party negligently or wilfully does anything that is materially harmful to the goodwill or reputation of the terminating party.
Miscellaneous
If any provision of this Agreement 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. GME failure to act with respect to a breach by Seller Members or others does not waive GME’s right to act with respect to the same, subsequent or similar breaches. GME does not guarantee that GME will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the Parties. GME may amend this Agreement at any time by posting the amended terms on the Website. Except as stated elsewhere, all amended terms shall automatically immediately effective after they are initially posted. This Agreement sets forth the entire understanding and agreement between GME and Seller with respect to the subject matter hereof.