Merchant Terms and Conditions

The Code of Conduct (“Code”) is a set of guidelines and standards that TaptapLah hold our independent merchant-partners (“Merchants”, “You”) accountable to as part of our community. Abiding by the Code ensures that we protect our users and systems and that together we deliver the best experience to our consumers.

  1. Comply with Laws and Regulations

1.1        Your government and local regulatory authorities require you to comply with all applicable laws, rules and regulations, including, but not limited to, labour, health, safety and environmental laws and regulations;

1.2        As a TaptapLah merchant-partner, we require you to hold valid licenses to operate and other permits as may be required by the relevant authorities. We ask you to update and/or resubmit documents when registered documents are expired or revoked. TaptapLah reserves the right to request for updated information as and when required and to redress the matter if you fail or refuse to do so;

1.3        Activities of a criminal nature, including but not limited to the selling of illegal, prohibited or controlled goods, fraud, assault, harassment or abuse of any kind, will not be tolerated. TaptapLah will work closely with law enforcement agencies when called to do so to investigate the matter.

  1. MERCHANT’S OBLIGATIONS

2.1          Do update TaptapLah if there are changes of information by calling in to Merchant Helpdesk cs@d2nrjyuih1h7wt.cloudfront.net i.e change of business location, changes of business products, etc.

2.2          Do inform TaptapLah of any events/activities organised by Merchants at least a week in advance via the merchant web-form.

2.3          Do abide TaptapLah’s merchant Agreement and Terms & Conditions.

2.4          Do ensure point of sale and marketing material are places as designated and required.

2.5          Do co-operate with TaptapLah in solving claims and disputes in a timely manner should the need arise.

2.6          Do ensure that you received and check on the notification post a transaction conducted by a customer to ensure you receive the payment value.

2.7          Do ensure the online payment gateway is utilized in a safe manner and is in line with the TaptapLah requirements.

2.8          Do ensure that products sold and paid via the online payment gateway are as per the products listed in the business license application.

2.9          Do not use your own account to transfer your own merchant online payment gateway as it is considered a fraudulent transaction.

2.10         Do not permit unauthorised parties to use the online payment gateway designated for your business to avoid wrongful use or unwanted termination of account.

2.11         Do not sell or engage in illegal activities such as drugs, money laundering, illicit related items, gambling, foreign currency sales, etc with the online payment gateway provided for your business.

2.12         Do not collect or store any sensitive information while providing services i.e. customer identity card, bank card details, expiry date, or any other personal and sensitive information of users.

2.13         Do not use the TaptapLah app on devices that have been rooted or jailbroken in order to safeguard your account.

  1. MERCHANT’S RESPONSIBILITIES

3.1.         Merchant shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Merchant’s listing and shall not post inaccurate or misleading information.

3.2         The price of items for sale will be determined by the Merchant at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Merchant shall not charge Buyer such amount additionally and separately.

3.3         For the purpose of promoting the sales of the items listed by Merchant, TaptapLah may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by TaptapLah.

3.4         Merchant shall issue receipts, credit card slips or tax invoices to Buyer on request.

3.5         Merchant acknowledges and agrees that Merchant will be responsible for paying all taxes, customs and duties for the item sold and TaptapLah cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Merchant are advised to seek professional advice if in doubt.

3.6         Merchant acknowledge and agrees that Merchant’s violation of any of TaptapLah’s polices will result in a range of actions.

  1. Violations of the Code

4.1         As an everyday app that serves our user’s daily needs, ensuring safety and security to our consumers and partners in every experience is our top priority.

4.2         TaptapLah takes violations of the Code seriously. TaptapLah has thresholds relating to quality issues to maintain the high standards of our platform. Failing to meet these thresholds may lead to suspension or termination of user access to the TaptapLah platform. TaptapLah may, but is under no obligation to, notify you before terminating your use of the TaptapLah application and services.

4.3         We encourage Merchant-partners to notify TaptapLah immediately of any breach of applicable laws and regulations that may affect their ability to provide services.

4.4         Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  1. a) Listing deletion;
  2. b) Limits placed on Account privileges;
  3. c) Account suspension and subsequent termination;
  4. d) Criminal charges;
  5. e) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

4.5         If you suspect fraudulent activities involving other merchants or driver-partners, consumers or corporate partners, you may submit this information via our support email cs@taptaplah.com

  1. YOUR REPRESENTATIONS AND WARRANTIES

5.1          You represent and warrant that:

  1. a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
  2. b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
  1. INDEMNITY

6.1           You agree to indemnify, defend and hold harmless TaptapLah, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

  1. (a) any transaction made on the Site, or any dispute in relation to such transaction (except where TaptapLah or its Affiliates is the Seller in the transaction that the dispute relates to),
  2. (b) the TaptapLah Guarantee,
  3. (c) the hosting, operation, management and/or administration of the Services by or on behalf of TaptapLah,
  4. (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,
  5. (e) your use or misuse of the Services,
  6. (f) your breach of any law or any rights of a third party, or
  7. (g) any Content uploaded by you.
  1. SEVERABILITY

7.1        If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

  1. GOVERNING LAW

8.1        These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to TaptapLah or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

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