This agreement is entered into as of the last date signed or by pressing button "I accept the Terms and Conditions" and Submit the form by the parties (the "Effective Date" receive approved) between Pazarme Group Sdn Bhd (Company No. 1319750-M), [whose principal place of residence is at / a Marketplace Platform corporation with its principal place of business at Unit 2-1, The Podium, Tower 3 UOA Business Park, No. 1, Jalan Pengaturcara U1/51A, Seksyen U1, 40150 Shah Alam, Selangor. Malaysia.] ("Pazarme") and Vendor Company Name (as registered in the Pazarme system), [whose principal place of residence is at / a Vendor/Seller corporation with its principal place of business at Vendor Address (as registered in the Pazarme system)] ("Merchant").
2.1 Service providers (banks and non-banks), processors (acquirers) and "Pazarme" contained and referred to under this Agreement, their roles and functions consist of:
2.1(a) Transaction authorization (by service providers and processors);
2.1(b) Capture of electronic drafts (or collection of sales slips) of transactions (by "Pazarme");
2.1(c) Issue a transaction explanation to the card association and/or appropriate card issuer (by the processor);
2.1(d) The provision of information to effect the settlement of the transaction (by the processor);
2.1(e) Settlement of disputes with the cardholder's bank (by the processor); and
2.1(f) Transaction-related reporting, statements and products (by "Pazarme").
2.1(g) Provide cash requirements, according to “Merchant” requirements.
2.3 "Pazarme", at all time, takes reasonable measures to provide a secure payment system and will comply at all times to card association regulation including PCI-DSS certification by the processor.
2.4 From time to time under this Agreement, at the request of the “Merchant”, "Pazarme" may facilitate the remittance of cash or credit/debit card transactions for certain payments (“foreign exchange transactions”) to card or cash issuers, including but not limited to Visa, MasterCard, UnionPay, telegraphic transfer (TT) and various types of payments as deemed appropriate, personal labels and commercial cards or convenient cash delivery. Exchange transactions require prior written approval from "Pazarme" and are subject to applicable prices.
3.1 The “Merchant” agrees that it will not commit any act that violates the federal, state/provincial or local laws of Malaysia including but not limited to the anti-money laundering and anti-terrorism financing act 2011, the laws of any country where the “Merchant” it lives just like any country where “Merchant” do business. “Merchant” agrees to provide any information and documents reasonably required by any other party (recipient or sender of information) to comply with any applicable anti-money laundering or anti-terrorism laws including any laws applies which imposes knowing your customer or the inspection or identification procedure received by the recipient of the information required to comply with respect to this Agreement (AML and CTF Laws).
3.2 The “Merchant” will allow the customer to pay for the purchase or lease of goods and services, provided that such transaction complies with the terms of this Agreement. Each such transaction will be evidenced with a valid transaction record in an approved form such as a sales invoice or sale order. The “Merchant” will not present any sales invoices or sales order that do not arise from the transaction between the customer and the “Merchant”.
3.3 The “Merchant” agrees: (a) to comply with the rules and regulations as set out in this Agreement; (b) to be bound by the operating rules and regulations of the card association, including without limitation any rules and regulations relating to cardholder or cash and transaction information security, such as payment card industry data security standards (PCI), visa cardholder information security program and MasterCard site data protection program or cash carrier security.
4.1 “Merchant” shall adequately display the "Pazarme" logo, the card association and promotional materials supplied by “Merchant” on their website or payment page. “Merchant” shall cease to use or display such service marks in any way (including, without limitation, in promotional materials and papers relating to transactions or forms of “Merchant”) immediately upon notice from "Pazarme" or upon termination of this Agreement. “Merchant” may not produce or transmit any promotional materials that include any reference to "Pazarme" or its name, trade name, logo, service mark and/or trademark without its prior written permission.
5.1 For all online payment transactions "Pazarme" only uses Ringgit Malaysia or (MYR) or (RM) as the main trading currency for conducting transactions. Although "Pazarme" provides several types of trading currencies, it is only as a guide, to make it easier for buyers and “Merchant” to make interpretations related to the foreign exchange process. For trading currencies other than Ringgit Malaysia in "Pazarme" does not include the cost of government tax by the Central Bank of Malaysia, so it cannot be used as a condition as in the purchase process. The payment process will be converted automatically when making a payment at the payment gateway to Ringgit Malaysia or (MYR) or (RM), this is due to the mandatory conditions imposed on "Pazarme" by Central Bank of Malaysia. Refer to clause twenty-seven(27).
5.2 "Pazarme" will make payout payment to the “Merchant” using the primary currency in the Vendor Company Name (as registered in the Pazarme system) registered country or the “Merchant” can choose the type of currency according to the “Merchant” requirements. Refer to clause twenty-seven(27).
5.3 “Merchant” agrees to pay the fees, charges and expenses described on each email notice or invoice or order together with any other liabilities or expenses described in this Agreement.
5.4 "Pazarme" will pay the “Merchant” for transactions submitted under this Agreement on credit to the designated account ["Vendor Company Name (as registered in the Pazarme system) account"] or delivery in cash to the “Merchant” or through any other means acceptable to “Merchant” and "Pazarme". Unless otherwise agreed by "Pazarme", the “Merchant” will be paid within the stipulated time or as soon as possible according to the invoice or order for the gross amount of the transactions submitted less the amount of any discounts, fees and other charges (including penalty, refunds and adjustments) specified in this Agreement and credit vouchers are deposited (along with any taxes payable in respect thereof). If the amount due to the “Merchant” below is not sufficient to pay the outstanding charges described in the previous sentence on any day and/or any other amount due or payable by the “Merchant” to "Pazarme" under this Agreement, "Pazarme" reserves the right to :
5.4(a) Deduct and deduct the outstanding amount in whole or in part of any payment due therefrom to the “Merchant”; and/or
5.4(b) Deduct the outstanding amount in whole or in part from subsequent credits to the “Merchant” account; and/or
5.4(c) Claim from the “Merchant” the outstanding amount in whole or in part.
5.4(d) Penalties will be imposed on the “Merchant” because the “Merchant” intentionally or unintentionally canceled the order from the buyer, when the buyer has made payment in accordance with the Agreement stated on the “Merchant” product or service price in the “Merchant” product page.
5.4(e) Fines will also be imposed on the “Merchant”, if there is fraudulent sale of products or services so as to cause the buyer to make or to the authority or bank or payment processor or to the court.
5.5 The “Merchant” agrees to pay, and the “Merchant” account will be debited, for all fees, arbitration fees, fines, penalties, refunds, refunds etc. charged by "Pazarme", the processor or by the card association or cash for the processing of the “Merchant” below.
5.6 “Merchant” represents and warrants that no one other than “Merchant” has any claim in respect of any transaction submitted hereunder except as authorized in writing by "Pazarme".
5.7 “Merchant” further represents and warrants that payment by "Pazarme" shall be without prejudice to any claims or rights which "Pazarme" may have against “Merchant” and shall not constitute any admission by "Pazarme" as to the performance by “Merchant” of its obligations under this Agreement and the amount payable to “Merchant”.
6.1 "Pazarme" hereby grants the “Merchant” a royalty-free, non-transferable and non-exclusive right to use the trade names and logos of "Pazarme" (“trademarks”) in its “website” (an e-commerce enabled, interactive internet world wide web sites maintained by the “Merchant” for the purpose of displaying and offering products or services for sale to the customers), “mobile application” (an application software owned and maintained by the “Merchant”, designed to run on a mobile device, such as a smartphone or tablet computer for the purpose of displaying and offering products or services for sale to the customers) and in any off-line promotional materials solely for the purpose of indicating that it uses the services. The “Merchant” shall use such trademarks in accordance with "Pazarme" directions. The “Merchant” does not have a right to sub-license the use of the trademarks. "Pazarme" may apply limitations to the right granted to the “Merchant” at any time and at its sole discretion. “customer” is any person making a purchase of the “product or service” (that are offered, sold or distributed online by the “Merchant” via the website or mobile application).
6.2 When using the trademarks, the “Merchant” will ensure that no composite marks are created with its own trademarks and/or logos. The “Merchant” acknowledges that its use of the trademarks does not create for itself any rights over the trademarks other than those explicitly granted in this Agreement.
6.3 The “Merchant” acknowledges and agrees that all intellectual property in connection with the "Pazarme" System” (the system providing secured online payment and clearing service to “Merchant”), including but not limited to, in and relating to the trademarks are owned by "Pazarme" or its affiliates.
7.1 “Merchant” agrees to furnish "Pazarme", such financial statements and information concerning “Merchant”, its owners, principals, shareholders, partners, proprietors, directors, officers or its affiliates as "Pazarme" may from time to time request. "Pazarme", or their duly authorized representatives, may examine the books and records of “Merchant”, including records of all transactions previously submitted hereunder.
7.2 The “Merchant” agrees to keep copies of all paper and electronic transaction records as well as credit slips or payment slips submitted to "Pazarme" for a period of eighteen(18) months from delivery, or such longer period as required by the rules or operating rules of the card association, by law or by "Pazarme" as specifically requested in writing in individual cases.
8.1 “Merchant” agrees to provide "Pazarme", thirty(30) days prior written notice of its intent to:
8.1(a) Transfer or sell all or any substantial part of its total stock or assets; or
8.1(b) Change in company business ownership and/or it’s director/shareholders; or
8.1(c) Liquidate or file for bankruptcy; or
8.1(d) Cease business or change the basic nature of its business; or
8.1(e) Convert all or part of its business to mail order sales, telephone order sales, internet-based sales or other sales where the customer is not physically present and processed through “Merchant” terminal; or
8.1(f) Remove or relocate any shop or office; or
8.1(g) Make any material change in the management of “Merchant”; or
8.1(h) Make any change in “Merchant” legal status (such as from sole proprietorship to partnership or limited company or vice versa or other); or
8.1(i) Make any change in any other material particulars relating to “Merchant” which have been supplied to "Pazarme" in connection with this Agreement.
9.1 This Agreement is not transferable by “Merchant” without the written consent of "Pazarme". Any attempt by “Merchant” to assign its rights or to delegate its obligations in violation of this clause shall be void.
10.1 “Merchant” warrants and represents to "Pazarme",
10.1(a) That each transaction submitted below will represent a sale to the cardholder by the “Merchant” for the amount shown on the relevant transaction record as the sales amount and is a binding obligation of the cardholder, free from any claim, demand, defence, set-off or other adverse claim whatsoever;
10.1(b) That each transaction record or other evidence of a transaction will accurately describe the goods and services which have been sold and delivered to the cardholder or in accordance with the cardholder’s instructions;
10.1(c) That “Merchant” will comply fully with all laws, rules and regulations and not violates any laws of Malaysia including but not limited to the anti-money laundering and Anti-Terrorism Financing Act 2001 and Personal Data Protection Act 2010 (including their subsidiary legislations and guidelines) as well as laws of any countries in which the "Pazarme" carries out its businesses;
10.1(d) That “Merchant” will fulfill completely all of its obligations to their customer and will resolve any customer dispute or complaint directly with the customer;
10.1(e) That, without limiting the generality of the foregoing, each transaction submitted hereunder and the handling, retention, and storage of information related thereto, will comply with the rules and regulations of as set out in this Agreement;
10.1(f) That all of the information contained in or provided pursuant to this Agreement is true and correct;
10.1(g) That “Merchant” shall keep strictly confidential the provisions of this Agreement, and all information and materials received from "Pazarme" in connection with their respective businesses and instrument provided by them or either of them, and will disclose the same only to such of its employees who require such information for the purposes of performing “Merchant” obligations under this Agreement; “Merchant” shall not and shall procure that its officers, employees and agents shall not without the prior written consent of "Pazarme", use or disclose any such information to any other person (except to “Merchant” agents for the sole purpose of assisting “Merchant” to complete or enforce transactions or to “Merchant” insurers and professional advisers) unless such disclosure is compelled by law or rules and regulations of the card association;
10.1(h) That “Merchant” shall not submit and sell any transaction which involves the following products without the prior written consent of "Pazarme":
10.1(h)(3) Drugs, drug paraphernalia and drug test circumvention aids;
10.1(h)(4) Fireworks and hazardous materials;
10.1(h)(5) Miracle cures;
10.1(h)(6) Local and foreign currencies;
10.1(h)(7) Pornography and adult content;
10.1(h)(8) Escort services;
10.1(h)(9) Sexually oriented materials or services;
10.1(h)(10) Gambling/online casino;
10.1(h)(11) Counterfeit and replica goods;
10.1(h)(12) Items or downloads which infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
10.1(h)(14) Pyramid or ponzi schemes, matrix programs and other "get-rich-quick" schemes;
10.1(h)(17) Investment in gold bars;
10.1(h)(18) Investment scheme;
10.1(h)(19) File sharing services;
10.1(h)(20) Items which promote hatred, racism, religious persecution or contain offensive content;
10.1(h)(21) Items which encourages illegal activity;
10.1(h)(22) Human remains and body parts;
10.1(h)(23) Unlicensed multi-level marketing;
10.1(h)(24) Stolen goods, including digital and virtual goods;
10.1(h)(25) Items which are considered obscene;
10.1(h)(26) Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
10.1(h)(27) Payment aggregator;
10.1(h)(28) Associated with the sale of traveler’s cheques or money orders;
10.1(h)(29) Check cashing businesses;
10.1(h)(30) Provision of certain credit repair or debt settlement services, credit transactions or insurance activities;
10.1(h)(31) Sales of products or services identified by government agencies to have a high likelihood of being fraudulent; and
10.1(h)(32) Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.
10.1(i) That “Merchant” shall not receive any cash payment from a cardholder with respect to charges for goods and/or services included in a card transaction;
10.1(j) That “Merchant” shall display prominently the brand name and logo of "Pazarme" and all other marketing or publicity materials that may be provided by "Pazarme" from time to time during the term on the website. The “Merchant” is also responsible for notifying the customer that the description which will be printed on the customer’s credit card statement for the charges incurred may be different from the “Merchant” trading name;
10.1(k) That “Merchant” shall retain copies of all transaction receipts for a period of eighteen(18) months. The “Merchant” will provide such copies of transaction receipts to "Pazarme" within five(5) working days of such request being made by "Pazarme";
10.1(l) That “Merchant” shall perform verification with the customer in the event "Pazarme" suspects that a transaction could be fraudulent;
10.1(m) That “Merchant” further agrees that it will not provide or offer any “lifetime warranty”, “lifetime guarantee” or any other guarantees for a period of more than ninety(90) days in respect of its products;
10.1(n) that merchant agrees to describe accurately in its Website the following information:
10.1(n)(1) Its “Merchant” name, address, telephone number, e-mail address and uniform resource locator;
10.1(n)(2) Details of its products, including the price and specifications; and
10.1(n)(3) Steps which must be taken by customers to make a purchase, including details on the point at which a sale is completed, delivery, shipping, returns, refund and privacy policies.
10.1(o) That “Merchant” agrees to inform "Pazarme" as soon as it becomes aware of any major or multiple product defects or logistics problems which could give rise to chargeback or refund; and
10.1(p) That “Merchant” shall ensure that the “Merchant” password is not disclosed to any unauthorized persons at all times during the term. ““Merchant” password” is the personal identification number used by the “Merchant” when accessing the website of "Pazarme" to view transactions processed through the "Pazarme" portal.
The “Merchant” agrees to meet directly with the customer and "Pazarme" with any claims or complaints arising in connection with the sales transaction between the “Merchant” and the customer, while "Pazarme" is a service provider to assist all transactions between seller and buyer, regardless of whether the claim or complaint is brought by the customer, the processor or another party. The “Merchant” agrees to indemnify and hold the processor, harmless from and against any and all liabilities (including without limitation fines imposed under applicable operating rules and regulations of the card association), losses, claims, damages, claims, actions, disputes, offsets, counterclaims, costs, expenses and judgments arising out of or in connection with any transaction (including without limitation claims and complaints made by customers or any other person or entity in respect of any transaction submitted by “Merchant” below) or any other services provided below.
12.1 "Pazarme" shall not be liable for failure to provide the services if such failure is due to any cause or condition beyond "Pazarme" reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of god or of any public enemy, acts of any government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labor or materials, freight embargoes, unusually severe weather, breakdowns, operational failures, electrical power failures, communication failures, unavoidable delays, the errors or failures of third party systems or other similar causes beyond "Pazarme"reasonable control.
12.2 To the extent permitted by any applicable law, the liability of "Pazarme" or any loss arising out of or relating in any way to this Agreement, including but not limited to damages arising out of the unavailability or malfunction of the services, personal injury, or property damage, shall, in the aggregate, be limited to actual, direct and general money damages in an amount not to exceed one(1) month’s average charge paid by “Merchant” hereunder (exclusive of interchange fees, assessments, and any other fees or costs that are imposed by a third party in connection with “Merchant” payment processing) for services during the previous twelve(12) months or such lesser number of months as shall have elapsed subsequent to the effective date of this Agreement. This shall be the extent of "Pazarme", liability arising out of or relating in any way to this Agreement, including alleged acts of negligence, breach of contract, wilful default, or otherwise and regardless of the form in which any legal or equitable action may be brought against "Pazarme", whether in contract, tort or otherwise, and the foregoing shall constitute merchant’s exclusive remedy.
12.3 Under no circumstances shall "Pazarme" be liable for:
12.3(a) Any lost profits, lost interest, or for special, consequential, punitive or exemplary damages arising out of or relating in any way to this Agreement, including but not limited to, damages arising out of placement of “Merchant” name on any terminated “Merchant” list for any reason, even if "Pazarme" has been advised of the possibility of such damages;
12.3(b) Any settlement amounts pertaining to switched transactions, in respect of which “Merchant” sole recourse shall be to the applicable card issuer; or
12.3(c) Any claim, loss, billing error, damage or expense arising out of or relating in any way to this Agreement which is not reported in writing to "Pazarme" by “Merchant” within fifteen(15) to forty-five(45) days of such failure to perform or, in the event of a billing error, within fifteen(15) to forty-five(45) days of the date of the applicable statement and “Merchant” expressly waives any such claim that is not brought within the time periods stated herein.
13.1 Subject to the provisions hereof, this Agreement shall remain in full force and effect for a period of twelve(12) calendar months, commencing from effective date (the “initial term”), unless “Merchant” gives to "Pazarme" written notice of termination as to this Agreement at least thirty(30) days prior to the expiration of the initial term or any extension or renewals thereof. If no term is specified on the appendices, subject to the provisions hereof, this Agreement shall continue in full force and effect until “Merchant” gives not less than thirty(30) days’ prior written notice to "Pazarme" to terminate it.
13.2 Notwithstanding anything to the contrary set forth herein, in the event that a term is specified on the appendices and “Merchant” terminates this Agreement in breach of this clause thirteen(13), all yearly fees assessed to “Merchant” under this Agreement and due to "Pazarme" for the remainder of the then existing term of this Agreement shall be immediately due and payable to "Pazarme", and “Merchant” hereby authorises "Pazarme" to accelerate the payment of all such yearly fees and to deduct the total amount from “Merchant” account(s), or to otherwise withhold the total amount from amounts due to “Merchant” from "Pazarme", immediately on or after the effective date of termination. If the “Merchant” account(s) does not contain sufficient funds for the debit or the amount cannot be withheld by "Pazarme" from amounts due to “Merchant”, “Merchant” shall pay "Pazarme" the amount due within ten(10) days of the date of "Pazarme" invoice for same. The payment of accelerated yearly fees as described herein is not a penalty, but rather is hereby agreed by the parties to be a reasonable amount of liquidated damages to compensate "Pazarme" for their termination expenses and all other damages under the circumstances in which such amounts would be payable. Such amounts shall not be in lieu of but shall be in addition to any payment obligations for services already provided hereunder (or that "Pazarme" may continue to provide), which shall be an additional cost, and any and all other damages to which may be entitled hereunder.
13.3 Notwithstanding the foregoing, "Pazarme" may terminate this Agreement or any portion thereof at any time with immediate effect upon written notice to “Merchant”. Furthermore, "Pazarme" may terminate this Agreement at any time without notice:
13.3(a) Upon “Merchant” default in performing under any provision of this Agreement;
13.3(b) Upon an unauthorised conversion of all or any part of “Merchant” activity to mail order sales, telephone order sales, Internet-based sales, or to any sales activity where the customer is not physically present;
13.3(c) Upon any failure to follow the card acceptance guide or any operating regulation or rule of a card association;
13.3(d) Upon failure by the “Merchant” to settle any pending payment (including but not limited to yearly fees, refund transactions, chargebacks, etc.) to "Pazarme".
13.3(e) “Merchant” account is inactive for more than one(1) year since activation of “Merchant” account.
13.3(f) If there has been any misrepresentation by “Merchant”;
13.3(g) Upon commencement of bankruptcy or insolvency proceedings by or against “Merchant”; or
13.3(h) In the event "Pazarme" reasonably deems itself insecure in continuing this Agreement.
13.4 In the event that "Pazarme", breach the terms and conditions hereof, “Merchant” may, at its option, give written notice to "Pazarme", of its intention to terminate this Agreement unless such breach is remedied within thirty(30) days of such notice. Failure to remedy such a breach shall make this Agreement terminable, at the option of “Merchant”, at the end of such thirty(30) days period unless notification is withdrawn.
13.5 Any “Merchant” deposit or balance funds with "Pazarme" will be made payable to the “Merchant”, one-hundred-and-eighty(180) days or six(6) months after the effective date of termination to facilitate any future dispute and/or chargeback. Termination of this Agreement shall not affect “Merchant” obligations which have accrued prior to termination or which relate to any transactions submitted hereunder prior to termination, including but not limited to chargebacks even if such chargebacks come in after termination.
13.6 Any termination shall not affect any liabilities incurred prior to the termination nor any provision of this Agreement expressed or intended to survive, or to be effective from, termination. In particular, but without prejudice to the foregoing, clauses four(4), six(6), seven(7), ten-point-one(10.1), eleven(11), twelve(12), thirteen-point-five(13.5), thirteen-point-six(13.6), fifteen-point-two(15.2), and fifteen-point-three(15.3), shall remain in full force and effect notwithstanding termination.
15.1(a) The customer disputes any transaction or payment for any transaction made through the "Pazarme" payment gateway. (regardless of the nature or manner of the dispute); or
15.1(b) The transaction is charged back or disputed for any reason by the card or cash issuing institution or by the service provider in accordance with the prescribed rules and regulations of operation; or
15.1(c) There is a breach of any of the terms of this Agreement by the “Merchant”; or
15.1(d) "Pazarme", has any reason to believe the transactions previously submitted below are illegal, unenforceable, irregular, questionable, not genuine, or otherwise unacceptable; or
15.1(e) Any other event or circumstance, of which "Pazarme", or the service provider must have previously notified the trader in writing for the purposes of this clause fourteen(14), has occurred in connection with the transaction, the amount of the transaction may be recharged and deducted from any fees due to the “Merchant” or may be charged against any of the “Merchant” account(s). A list of some common reasons for chargebacks is contained in the card acceptance guide; provided, however, that such list is not exclusive and does not limit the generality of the foregoing. If any such amount cannot be collected through withholding from any payment due below or through charges of the “Merchant” account(s) or reserve account, the “Merchant” shall, upon request by "Pazarme", pay "Pazarme" the full amount of the refund or disputed transactions as required.
15.2 At any time, "Pazarme" reserves the right to deduct the charge backed/disputed/refund amount from the “Merchant” account without the requirement of the “Merchant” consent. Should the “Merchant” be no longer reachable or no longer in business, "Pazarme" reserves the right to hold back the remaining funds of the “Merchant” account to facilitate any chargeback/dispute/refund that may occur.
16.1 When the “Merchant” fails to fulfill any of his obligations under this Agreement, any “Merchant” account(s) or any other account belonging to the “Merchant” held by any designated depository (or by any other financial institution) may be debited without notice to the “Merchant”. and the dealer irrevocably authorises "Pazarme", to debit any such account for this purpose. The trader’s instructions to his financial institution to accept withdrawal requests from "Pazarme", and the trader’s consent to ensure that the institution is harmless and incurs a loss, are set out in clause fifteen-point-two(15.2).
17.1 Should it be necessary for "Pazarme" to defend or enforce any of its rights under this Agreement in any collection or legal action, “Merchant” agrees to reimburse "Pazarme" and/or processor and/or member, as applicable, for all costs and expenses, including reasonable collection agency and attorney’s fees, as a result of such collection or legal action.
20.1 The “Merchant” authorises "Pazarme", to obtain from time to time from any person, including without limitation any credit or cash reference agency, financial information about the “Merchant” or any owner, principal, director, officer, shareholder, partner , owner, managing agent or guarantor of the “Merchant”. The “Merchant” hereby authorises (on its own behalf and on behalf of each person mentioned in the preceding sentence) members, buyers, consumers, "Pazarme", processors and any depository institutions to release any financial information about the "Pazarme" or his account to the processor and/or "Pazarme".
All notices required by this Agreement shall be in writing and shall be sent by courier or electronic mail (e-mail) or by ordinary or registered mail. any notice sent:
23.0(a) To "Pazarme" shall take effect after actual acceptance by "Pazarme".
23.0(b) To the trader (including the notice contained in the trader’s statement) shall be effective at the beginning of actual receipt or on the third day after the date of posting the notice to the latest address given by the trader to "Pazarme" or when sending the notice to any address e-mail provided by the “Merchant” below.
Where "Pazarme", has agreed that the “Merchant” may submit card absentee transactions (including without limitation mail or email order sales or telephone order sales and internet-based sales) to the processor for processing under this Agreement:
29.1 Any reference in this Agreement to “Transactions” shall include any card or account that does not show a Transaction;
29.2 Any reference to the use of a card or account or performing a card or account Transaction shall include the use of, or performing a card or account Transaction with, details of or in connection with the card or account;
29.3 This Agreement shall apply to all cards or accounts that do not present a Transaction except to the extent that any provision of this Agreement does not apply when the card or account is not physically presented to the “Merchant”; and
30.1 The “Merchant” agrees that is shall not perform or caused to be performed any act which violates Personal Data Protection Act 2010 (including their subsidiary legislations and guidelines) (“PDPA 2010”) and shall exercise a reasonable degree of skill, due diligence, prudence and foresight to comply with all principles set out herein including, registering itself with the Personal Data Protection Commissioner of Malaysia as data user (if required), having in place adequate and reasonable procedures, protection and measures and continue to keep such procedures, protections and measures in place, in order to maintain the confidentiality and prevent unauthorised use and unauthorised disclosure of any personal data which came into possession of the “Merchant” in the course of transacting card transactions and that it will not make any copies of the personal data or reproduce any of it in any form.
31.1 "Pazarme" will, on a best effort basis provide an average up time of ninety-nine-point-five-percent(99.5%) per month of the "Pazarme" system provided always that there is full availability of the services of its underlying internet and telecom providers.
35.1 Each party shall bear its own legal fees and solicitor's costs in respect of the preparation and execution of this Agreement and all ancillary documents.
THERE IS NO MORE INFORMATION BELOW