Seller Agreement

Presto Mall Sdn. Bhd. (“Company” or “we” or “us”) welcomes you as a Seller (as defined in the Terms and & Conditions) on our website, http://www.prestomall.com (the “Website”). Your use of the Website and specific tools for sellers is governed by the following Seller Agreement.

Article 1 – Acceptance of Terms

• 1.1 Scope of Seller Agreement
  • 1.1.1 The provisions below set out your rights and obligations as a Seller on the Website. You may view a copy of this Seller Agreement through the link set out on the main page of the Website.
  • 1.1.2 This Seller Agreement is to be read together with the Policies and collectively represent a legally binding agreement between you and the Company.
  • 1.1.3 All capitalized terms not otherwise defined herein shall have the meaning ascribed to the same in the Terms and Conditions.
• 1.2 Use of Services by Seller
  • 1.2.1 The Company provides e-commerce facilities and services via the Website, as more particularly described in Article 2.1 enabling the sale and purchase of Products between Members of the Website and includes Services.
  • 1.2.2 By accessing, browsing and/or using the Website and accessing the tools provided for Sellers, you are deemed to have irrevocably and unconditionally agreed to this Seller Agreement. Please refrain from selling on the Website if you do not agree to any of the terms in this Seller Agreement.
• 1.3. Amendment of Seller Agreement
  • 1.3.1 The Company shall be entitled at any time and from time to time, to modify, amend or change this Seller Agreement as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website and/or your Seller Store, and you shall thereafter be bound by such modified Seller Agreement. As such, it is your responsibility to regularly visit the Website, view this Seller Agreement and other Policies, and keep yourself updated on any changes made to the same.
  • 1.3.2 Please do not sell on the Website if you are not agreeable to any amendments or modifications of this Seller Agreement. You agree to sell on the Website at your own risk, and your use of the Website and tools for Sellers following any amendment or modification of the Seller Agreement constitutes your agreement and acceptance to be bound by the same.
  • 1.3.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Seller Agreement or your own failure to keep yourself updated on the modifications to Seller Agreement, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
• 1.4 Company's Policies to Prevail
  • 1.4.1 You hereby agree and understand that this Seller Agreement, read together with the Terms and Conditions, shall prevail in respect of any matters addressed herein.
  • 1.4.2 In the event of any conflict between any specific terms listed on your Product page/ Seller Store and this Seller Agreement regarding such matter, this Seller Agreement shall override such terms and you hereby agree to be bound by the provisions of this Seller Agreement in its entirety.

Article 2 – Services for Sellers

• 2.1 General Services
  • 2.1.1 In operating the Website, the Company provides the following services for you as a Seller:
    1. (a) advertising and marketing campaigns to promote the Website;
    2. (b) provision of Payment Protection Services for Transactions made via the Website;
    3. (c) feedback rating and review system for Members to submit their comments and rating in respect of Products purchased; and
    4. (d) provision of services such as payment gateway, logistics and fulfilment services (which may be through third parties).
• 2.2. Specific Seller Services
  • 2.2.1 As a Seller, you will also have access to the following:
    1. (a) Seller Cash. Seller Cash is your account on the Website which is used for Settlement Amount transactions and payment on the Website.
    2. (b) Seller Credit. Seller Credits are points given to you in accordance with the Policies as determined by the Company. Seller Credits can be used to purchase advertisements and/or services available on the Website. Seller Credits are not allowed to be cashed out, withdrawn and/or transferred between Members.
• 2.3 Seller Rating
  • 2.3.1 We will grade your performance as a Seller on our Website based on such criteria as the Company shall determine from time to time and accord you a Seller Rating.
  • 2.3.2 In the event of any misbehaviour on our Website, or any breach of the Terms and Conditions or this Seller Agreement, we reserve the right to review and downgrade your Seller Rating. Our decision is final and cannot be contested.
• 2.4 Use of the Website
  • 2.4.1 In using the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting unauthorized access to your account. You hereby agree to accept responsibility for all activities that occur under your account.
  • 2.4.2 While using the Website as a Seller, you will not:
    1. (a) post or list inappropriate content or Products on the Website as more particularly described in Article 5;
    2. (b) violate any laws, third party rights, or Company policies including but not limited to policies relating to prohibited items as set out in Article 4.3;
    3. (c) manipulate the price of any Product or interfere with another Seller’s listings;
    4. (d) circumvent or manipulate the fee structure, the billing process or any fees owed to the Company;
    5. (e) take any action that may undermine the feedback or ratings systems;
    6. (f) transfer your account to another party without the Company's consent;
    7. (g) copy, modify, or distribute the contents from the Website and the Company's Intellectual Property Rights or involving any third party;
    8. (h) harvest or otherwise collect information about the Members or third parties as may be available on the Website, including but not limited to email addresses, without their consent; and/or
    9. (i) use existing Member’s accounts or create new Member accounts in order to circumvent or avoid, buying or selling limits, and other restrictions by the Company.
• 2.5 Requirements to Become a Seller
  • 2.5.1 You must be 18 years old and above, and must be able to form legally binding contracts to be a Seller on the Website.
  • 2.5.2 To complete the registration, you must submit the following:
    1. (a) a copy of the necessary business licenses or company documents as requested by the Company;
    2. (b) your current and up-to-date contact information including but not limited to your email address, mobile phone number, fixed landline number and residential or an office address (as the case may be);
    3. (c) your bank account information together with documents, as required by the Company, evidencing that the bank account is owned by and in the name of you or your company or business; and
    4. (d) such other information that the Company deems necessary from time to time.
  • 2.5.3 For existing Seller, failure to provide the above documentation within the prescribed period (“Prescribed Period”), the Company reserves the right to terminate or cease the Member’s account without prior notice.
• 2.6 Rights of Company
  • 2.6.1 General Rights. The Company reserves the right to refuse registration, suspend or cease provision of any Services, terminate accounts, remove or edit the contents, or cancel Orders in its sole and absolute discretion.
  • 2.6.2 Right of Removal Due to Breach of Terms or Law. Without limiting other remedies, the Company may limit, suspend, or terminate the Website, its Services and Member’s accounts, prohibit access to the Website and its contents, delay or remove hosted contents and take technical and legal steps to keep you off the Website if, based on the Company's sole and absolute discretion, the Company is of the view that you are or may be potentially creating problems or possible legal liabilities, infringing the Intellectual Property Rights of the Company and/or of third parties, in breach of any of the Terms and Conditions or this Seller Agreement or acting inconsistently with the letter or spirit of the Policies.
  • 2.6.3 Repeated IPR Infringement. Additionally, the Company may suspend or terminate your account if you are a recurring infringer of the Intellectual Property Rights of third parties.
  • 2.6.4 Dormant/Inactive Account. Where there are no sales of the Products on your Seller Store or where you have been inactive for more than twelve (12) months, the Company reserves the right to cancel your seller account and/or remove all Product listings in your Seller Store without notice to you.
• 2.7 Penalties
  • 2.7.1 As a Seller, you hereby agree to the following:-
    1. (a) General Penalties. In the event of any breach of this Seller Agreement and/or the Terms and Conditions, the Company reserves the right to impose such penalties as listed in Appendix A-1.
    2. (b) Specific Penalties. In addition to the general penalties described in Article 2.7.1(a) above, in the event of the breach of specific provisions of this Seller Agreement and/or the Terms and Conditions, the Company reserves the right to impose such specific penalties as listed in Appendix A-2.

Article 3: Service Fees

• 3.1 Joining as a Seller on the Website is free. However, the Company charges fees for certain Services as stipulated in the Fees Schedule listed in the Seller Zone area of the Website.
• 3.2 When you use a tool, application and/or a service offered by us on the Website that has a fee, you will have an opportunity to review and accept the fees that will be charged for such tool, application and/or service which you intend to use.
• 3.3 All fees chargeable on such Services are subject to SST and other taxes under all applicable laws and regulations, and the Company may charge you such SST and other taxes additionally.

Article 4: Listing of Products for Sale

• 4.1 Pricing of Products
  • 4.1.1 Setting of Prices. You may upload, advertise and offer your Products for sale on the Website, and are at liberty to set your own prices for the same.
  • 4.1.2 Price Manipulation. Notwithstanding the aforementioned, the price stated for each Product must be an accurate representation of the sale and you are not allowed to manipulate the price of any Product, including but not limited to intentionally stating a lower price for the Product but increasing the Shipping Fee unreasonably so as to avoid paying or to pay a lower Transaction Fee. Where you are in breach of this Article 4.1.2, we reserve the right to suspend your Product listing without notice to you and further impose any General Penalty at our discretion.
  • 4.1.3 Charging of SST. Charging of SST. Where you are required by law to charge SST on the Products, you shall ensure any price stated in respect of the Products shall clearly state the SST applicable. You shall issue receipts or tax invoices to Buyers, upon their request or if such issuance is required by law.
• 4.2. Legality of Products
  • 4.2.1 Legal Requirements. You hereby agree and undertake that that all Products sold by you on the Website:
    1. (a) shall be genuine and not counterfeit or replica items;
    2. (b) shall be Products:
       1. (i) which are lawful and legal to be sold in Malaysia and are in compliance with all applicable laws, including but not limited to the Sale of Drugs Act 1952, Food Act 1983, Consumer Protection Act 1999 and the Communications and Multimedia Act 1998;
       2. (ii) which you are legally authorised to sell or provide;
       3. (iii) which are not Prohibited Products, as described in Article 4.3 below; and
    3. (c) do not infringe the Intellectual Property Rights of any third party.
  • 4.2.2 Furnishing of Evidence. Where requested by the Company, you shall immediately furnish such evidence as necessary to prove that:
    1. (a) you have obtained all required approvals, licences, authorisations and/or certification from all relevant parties including but not limited to the appropriate authorities and/or brand owners or principals for the sale of Products listed by you on the Website;
    2. (b) you are the owner and/or are authorised or licensed to use any Intellectual Property Rights embedded in or used in conjunction with the Products listed by you on the Website.
  • 4.2.3 Failure to comply with Article 4.2.1 and Article 4.2.2 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion. Further, in the event of a breach of Article 4.2.1(a), the Company shall be entitled to impose the Specific Penalty listed in Item 3 of Appendix A-2.
• 4.3 Prohibited Products
  • 4.3.1 You are not allowed to upload, advertise, offer for sale and/or sell Prohibited Products. For details, please refer to the list of Prohibited Products as set out in Appendix B.
  • 4.3.2 Failure to comply with this Article 4.3 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion.
• 4.4 Description of Products
  • 4.4.1 Accuracy of Product Description. You shall provide accurate and non-misleading descriptions of the Products, and shall ensure that the following are clearly stated in the said descriptions:
    1. (a) the Original Price for the Products;
    2. (b) the Seller’s Discount (if applicable);
    3. (c) the Discounted Price for the Products (if applicable); and
    4. (d) any additional costs or fees including Shipping Fee and/or taxes (if applicable).
  • 4.4.2 No Reference to other E-Commerce Business. You shall ensure that any description of Products uploaded to the Product page and/or Seller Store on the Website shall not in any way make reference to, or name any other e-commerce platform or similar/competing business, whether by way of text or images.
  • 4.4.3 Failure to comply with Article 4.4.1 and/or Article 4.4.2 shall be subject to the Specific Penalty as set out in Item 5 and Item 6 of Appendix A-2 respectively.
• 4.5 Maximum Number of Listings
  • 4.5.1 Each Seller Store is allowed to have a maximum of ten thousand (10,000) active Product listings (or any limit as the Company may decide from time to time) at any one time, such figure not to include any add-on items to each Product (“Maximum Listings”).
  • 4.5.2 Notwithstanding the aforementioned, the Company may consider allowing you to have more than the Maximum Listings on a case to case basis and subject to such criteria as the Company may determine.
• 4.6 Product Enquiries from Members
  • 4.6.1 Where you receive an Enquiry from Members via the Q&A section on your Product page, you shall respond to such Enquiry:
    1. (a) with accurate and complete information; and
    2. (b) in a prompt and efficient manner, within one (1) Business Day from receipt of the said Enquiry, or such other time period as may be required under the Seller Service Levels.
  • 4.6.2 Failure to comply with this Article 4.6.1 shall be subject to the Specific Penalty as set out in Item 7 of Appendix A-2.
• 4.7 Prohibition on Direct Dealing
  • 4.7.1 As a Seller, you are prohibited from directly entering into a Transaction with a Buyer without using the Payment Protection Services provided by the Company on the Website.
  • 4.7.2 All communications regarding Transactions or potential Transactions with other Members or Buyers shall be made through the Website.
  • 4.7.3 Failure to comply with this Article 4.7 is a major breach of this Seller Agreement, and shall entitle the Company to impose the Specific Penalty as set out in Item 8 of Appendix A-2 as well as any and all of the General Penalties.
• 4.8 Adequate Stock
  • 4.8.1 As a Seller, you shall be responsible to ensure that there is adequate stock of Products to meet demand at all times. Where the stock of Products is inadequate to meet demand, you must suspend the sale of such Products on the Website until adequate stock becomes available again.
  • 4.8.2 Failure to comply with this Article 4.8.1 shall be subject to the Specific Penalty as set out in Item 9 of Appendix A-2.

Article 5 – Uploading of Content

• 5.1 Requirements for Content
  • 5.1.1 When posting reviews, comments, questions, photos, videos and upload other contents and information on the Website, you must ensure that such content:
    1. (a) is accurate and not misleading;
    2. (b) is not illegal, obscene or threatening;
    3. (c) is not defamatory or libellous;
    4. (d) is not invasive of privacy;
    5. (e) does not include any personal data in contravention of the Personal Data Protection Act 2010;
    6. (f) is not commercial solicitation, pyramid schemes, chain letters, mass mailings or any form of "spam”;
    7. (g) is not political campaigning in any form;
    8. (h) does not consist of or contain computer viruses or other forms of computer codes, technologies or programs that may harm the Website, or the interests or property of Members;
    9. (i) does not infringe the Intellectual Property Rights of the Company and/or any third party;
    10. (j) does not violate this Seller Agreement, the Terms and Conditions, Privacy Policy or any other policies of the Company as made known to you directly or through the Website; and/or
    11. (k) is otherwise injurious or objectionable to the Company or any third parties.
  • 5.1.2 False identity. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content uploaded by you.
  • 5.1.3 Failure to comply with Article 5.1 shall entitle the Company to impose on you any and all of the General Penalties at the Company’s discretion.
• 5.2 Removal of content by the Company
  • 5.2.1 No Obligation to Monitor. You acknowledge that the Company shall have the right but not the obligation to monitor and edit any content uploaded by you. Notwithstanding any monitoring, the Company takes no responsibility and assumes no liability for any content posted by you and reserves the right, but not the obligation, to remove any content posted on the Website.
  • 5.2.2 Indemnity. You shall indemnify the Company against all claims resulting from content posted, supplied or uploaded to the Website by you.

Article 6 – Fulfilment of Orders

• 6.1 Acceptance of Order
  • 6.1.1 Confirmation of Order
    1. (a) Where an Order for a Product has been paid for by the Buyer, the status for the Order will be automatically changed to “Payment Complete”, and you will receive an Order Notification via the Website system.
    2. (b) You shall confirm details of the Order by clicking the “Confirm Order” button on the Website, after which the status for the said Order will be automatically changed from “Payment Complete” to “Preparing for Shipment”.
  • 6.1.2 Acceptance for Pre-Order Products
    1. (a) You may only list a Product as being a “Pre-Order Product” where such Product is as part of an exclusive promotion specifically authorised by the Company. You are not allowed to list any Product as a “Pre-Order Product” in any other circumstances.
    2. (b) For pre-ordered Products, you must state the date when the Product will be ready for delivery.
  • 6.1.3 Non-Compliance
    1. (a) Failure to comply with:-
       1. (i) Article 6.1.1 shall entitle the Company to impose on you the Specific Penalty set out in Item 11 of Appendix A-2;
       2. (ii) Article 6.1.2 shall:-
          1. (a) result in the Order being treated as a regular Order, and the provisions of Article 6.1.1 and Article 6.1.2 relating to acceptance of Order shall apply; and
          2. (b) entitle the Company to impose on you the Specific Penalty set out in Item 12 of Appendix A-2.
• 6.2 Delivery of Product
  • 6.2.1 Order fulfilment
    1. (a) You will be required take all steps to ensure that the Products are shipped out to the Buyer within the applicable lead times for Order fulfilment as set out in the Seller Service Levels.
    2. (b) Once the Product has been shipped out for delivery, you will need to perform the following steps on the Website:-
       1. (i) click on the “Ready to Ship” button in the Seller Office area of the Website,; and
       2. (ii) submit the delivery details for the Order, including the delivery company name and tracking number (where the Product is being shipped via courier service) and such other particulars pertaining to the Order as necessary.
    3. Upon completion of the above steps, the status for the Order will be automatically changed from “Preparing for Shipment” to “Shipping in Progress”.
  • 6.2.2 Mode of Delivery by Seller
    • You may choose to deliver the Product in any of the following manner:-
      1. (a) Direct Delivery
         1. (i) Time for Completion of Delivery. Where a Product is delivered directly by you, the time for successful completion of delivery to the Buyer shall be within the following lead times (“Lead Times”):-
            1. (aa) for West Malaysia – within three (3) Business Days;
            2. (bb) for East Malaysia – within five (5) Business Days;
            3. from the date the Buyer completes payment for the Product (being the date the Order status on the Website is updated as “Payment Complete”).
            4. For the purpose of this Article 6.2.2(a)(i), delivery shall be deemed performed and completed only upon the Order status on the Website being updated as “Shipping Complete”.
         2. (ii) Product Non-Delivered/Non-Traceable after Lead Times. Where a Product has not been delivered and/or is not traceable after the Lead Times above, the Company or the Buyer shall have the right to cancel such Transaction, and you shall be liable for all costs incurred, including all delivery costs as well the costs of refund for the Product.
      2. (b) Courier Delivery
         1. (i) Time for Completion of Delivery. Where a Product is delivered by courier service company engaged by you, the time for completion of successful delivery shall be in accordance with such service levels as practised by such parties.
         2. (ii) Product Non-Delivered/Non-Traceable after Lead Times. Where a Product shipment is not traceable and the status for the same on the Website has remained as “Shipping in Progress” for more than three (3) Business Days, the Company or the Buyer shall be allowed to cancel such transaction pursuant to Article 7.1.
      3. (c) Delivery by Third Party Service Providers appointed by Company
         1. The Company may, at its option, provide delivery service and other services relating to delivery to you, in association with third party service providers. This service shall be provided in accordance with such terms as the Company shall make known to you.
  • 6.2.3 Time Period for Delivery to Buyer
    • (a) You shall take all reasonable actions for the Buyer to receive the Product within the time period specified on your Product page, or where you opt to deliver the Product to the Buyer by way of direct delivery, within the time period stated in Article 6.2.1(a)(i) above, whichever is earlier.
    • (b) If you fail to deliver the Product within such period without proper, reasonable and acceptable justification, the Company shall be entitled to impose on you the Specific Penalty set out in Item 13 of Appendix A-2, and any and all of the General Penalties at the Company’s discretion. Further, the Company shall not be responsible or liable for any losses or damages suffered by you due to such action as may be taken by the Company and/or the Buyer.
  • 6.2.4 Right of Company to Determine Courier Service Providers

    Notwithstanding Article 6.2.2, the Company retains the right to:-

    1. (a) request that you engage a courier service provider from the Company’s list of preferred courier service providers; and/or
    2. (b) in certain specific cases, nominate a specific courier service provider for you to engage; for the delivery of certain specific Products as shall be made known to you from time to time.
• 6.3 Loss of/Damage to Product During Delivery
  • 6.3.1 Seller to Bear Loss. Where you engage a courier service company to deliver a Product to the Buyer, and such Product is lost or damaged during delivery, you shall be responsible to bear the costs of refund for such lost or damaged Product to the Buyer notwithstanding that such loss or damage was caused by the courier service company.
  • 6.3.2 Seller to Claim Compensation. Any compensation to be recovered from the courier service company thereafter will need to be personally initiated by you, and not the Buyer.
  • 6.3.3 Right to Use Settlement Amount. For the avoidance of doubt, the Company reserves the right to utilise all or any part of the Settlement Amount to resolve any claims the Buyer may make in respect of the lost or damaged Product.
• 6.4 Packaging for Orders
  • 6.4.1 Secure Wrapping. You hereby agree that you shall ensure that any and all Products are securely wrapped during the process of transporting and delivery to the Buyer so as to ensure the safety and integrity of the same.
  • 6.4.2 No Use of other E-Commerce Business Packaging. You are strictly prohibited from using branded packaging materials of online e-commerce marketplaces other than PrestoMall, failing which you shall be subject to the Specific Penalty as set out in Item 14 of Appendix A-2.
• 6.5 Promotional Free Gifts
  • 6.5.1 You shall be required to honour any free gift promotions to all Buyers as specifically stated in your Product page.
  • 6.5.2 In the event that you fail to comply with this provision, the Company shall be entitled to impose the Specific Penalty set out in Item 15 of Appendix A-2.

Article 7 – Cancellations, Exchange, Return and Refunds

• 7.1 Cancellation of Order
  • 7.1.1 Cancellation by Buyer
    1. (a) Before Delivery

       Buyers may, without your approval, cancel their Orders at any time before the Product is prepared/arranged for delivery to the Buyer, being any time before the status of the Transaction is updated on the Website as “Preparing for Shipment”.

    2. (b) During Delivery Preparations – only with Seller Approval

       Once preparations for delivery of the Product is in progress (where the status on the Website is stated as "Preparing for Shipment"), any cancellation will require your approval, subject always to the terms of this Agreement.

    3. (c) No Cancellation After Delivery
       1. (i) Once a Product has been shipped out to the Buyer, the status for the Order on the Website shall be changed to "Shipping in Progress".
       2. (ii) The Order cannot be cancelled from this point onwards, and any cancellation will need to be made via the return process as set out in the Cancellation, Exchange, Returns and Refunds Policy.
  • 7.1.2 Cancellation by Seller

    If any Order or Transaction is cancelled due to reasons attributable to you, including but not limited to unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by you, and/or where Order cancellation rate is not in compliance with the Seller Service Levels, the Company shall be entitled to impose on you any and all of the General Penalties, as well as the Specific Penalty set out in Item 16 of Appendix A-2 at the Company’s discretion.

  • 7.1.3 Cancellation by Company

    The Company reserves the right, at its sole and absolute discretion, to cancel any Order or Transaction where the Company is of the view that you are in breach or are potentially in breach of any of the Terms and Conditions or this Seller Agreement, or are acting inconsistently with the letter or spirit of the Policies.

• 7.2 Exchanges, Returns and Refunds
  • 7.2.1 Please refer to the Cancellations, Exchange, Return and Refunds Policy for further information in relation to your obligations as a Seller in respect of exchange, returns and refunds.
  • 7.2.2 For the avoidance of doubt, the Cancellations, Exchange, Return and Refunds Policy shall be read together with this Seller Agreement and the Terms and Conditions as amended from time to time.
  • 7.2.3 Non-compliance with the provisions of the Cancellations, Exchange, Return and Refunds Policy shall entitle the Company to impose on you any and all the General Penalties or such other penalty as the Company shall determine at its discretion.
  • 7.2.4 Returned product shall be claimed within fourteen (14) Business Days at our premises. Failure to claim within the period, the returned product will be disposed without prior written notice to the Seller.

Article 8 - Settlement

• 8.1 General
  • 8.1.1 The amount payable by the Company to you for any Transactions completed through the Website is referred to as the Settlement Amount.
  • 8.1.2 Upon registration as a Seller, you are required to inform the Company whether you prefer your Settlement Amount to be paid by way of depositing the same into your Seller Cash account or by way of direct transfer to your designated bank account.
• 8.2 Calculation of Settlement Amount
  • 8.2.1 The Settlement Amount shall be calculated by deducting the Transaction Fees and the Payment Gateway Fees on all Successful Transactions in the following manner:
    1. (a) Transaction Fees shall be calculated based on the Original Price or Discounted Price, as the case may be (excluding Shipping Fees) at the rate stated for a particular category; and
    2. (b) Payment Gateway Fees shall be calculated based on the Transaction Value (including Shipping Fees) at the rate stated for a particular category;
    as listed in the Seller Zone area of the Website.
  • 8.2.2 The Company will deduct the Transaction Fees and Payment Gateway Fee from the Transaction Value, and the balance, being the Settlement Amount, shall, at your option, be directly transferred to your bank account or deposited into your Seller Cash account on the Website.
• Examples of calculation

  Total Original Price or Discounted Price, as the case may be (exclusive of Shipping Fees)	=	RM94.00
  Total Transaction Value (inclusive of Shipping Fees)	=	RM100.00
  Transaction Fees	=	10% of the Original Price or the Discounted Price, as the case may be
  	=	10/100*RM94.00
  	=	RM9.40
  Payment Gateway Fees	=	2% of the Transaction Value
  	=	2/100 * RM100.00
  	=	RM2.00
  Settlement Amount	=	RM100 – (RM9.40+RM2.00)
  	=	RM88.60

  Note: The rate used for the Transaction Fees and Payment Gateway Fees above are for illustration purposes only.

• 8.3 Payment of Settlement Amount

  The Settlement Amount shall be paid to the Seller within:

  1. (i) seven (7) Business Days or;
  2. (ii)fourteen (14 Business Days or;
  3. (iii) twenty-one (21) Business Days or;
  4. (iv) by default, twenty-eight (28) Business Days, from the date of Purchase Confirmation, as described in Article 8.4 below, unless otherwise agreed mutually between the Company and the Seller.
• 8.4 Purchase Confirmation

  A Transaction between you and a Buyer is regarded as complete only upon the occurrence of Purchase Confirmation, via any of the methods as follows:

  	Type of Delivery	Type of Confirmation	Procedures for Purchase Confirmation
  1.	Courier Delivery – trackable by the Website System	Website Confirmation by Buyer	(a) A Buyer will confirm receipt of the Product ordered and delivered in satisfactory condition (“Successfully Delivered”) by logging on to the Website and clicking on the “Confirm Purchase” button accessible under the Buyer’s “My Page”. (b) The status of the transaction will be changed to “Purchase Confirmed”. (c) For the avoidance of doubt, this option is only available where delivery of the Product is made by a logistics company with a tracking system accessible by the Company.
  		Auto Confirmation by the Website System	(a) If a Buyer fails to confirm receipt of the Product on the Website in the manner set out in item 1 specified above, the Product will be deemed to have been Successfully Delivered seven (7) days after the Product has been delivered to the Buyer as evidenced by the tracking data provided by the logistics company. (b) The Website system will automatically change the status of the transaction on the Website as “Purchase Confirmed” upon the expiry of the seven (7) days referred to above. (c) This option is only available where delivery of the Product is made by a logistics company with a tracking system accessible by the Company.
  2.	Courier Delivery – non-trackable by the Website System	Auto Confirmation by the Website System	(a) If a Buyer fails to confirm receipt of the Product on the Website in the manner set out in item 1 specified above and the delivery is not trackable by the Website system, the Product will be deemed to have been Successfully Delivered twenty-one (21) days from “Shipping in Progress” date (for local Seller) and thirty (30) days from “Shipping in Progress” date (for global Seller), as recorded in the Website. (b) The Website system will automatically change the status of the transaction on the Website as “Purchase Confirmed” upon the expiry of the twenty-one (21) days referred to above.
  3.	Seller Self-Delivery	Website Confirmation by Seller	(a) When you deliver a Product without utilizing the services of a logistics company with a tracking system accessible by the Company, the Product is deemed to have been “Successfully Delivered” twenty-one (21) days from “Shipping in Progress” date. (b) The Website system will automatically change the status of your Transaction on the Website as “Purchase Confirmed” upon the expiry of the twenty-one (21) days referred to above.

• 8.5 Transaction Fee

  Transaction Fee for Seller will be at minimum 10%. We may provisionally revise the Transaction Fee for certain Seller from time to time.

• 8.6 Payment Gateway Fee

  The payment gateway fee of 2% is applicable to all Sellers.

• 8.7 E-voucher and Services

  	Types of Services	Transaction Fees	Payment Gateway Fees
  1.	E-voucher	Min. 10%	2%
  2.	Travel and e—ticketing	Min.10%	2%

• 8.8 Deferment of Settlement

  Notwithstanding the provisions of Articles 8.2 and 8.3, the Company reserves the right to defer the payment of any Settlement Amount due to any expense or loss which may have arisen due to your fault, or in order to protect against the risk of liability or any other reason as may be specified under the Seller Agreement, such expense or loss to include Shipping Fees and Penalties incurred pursuant to your breach/non-compliance with any of the provisions of this Agreement and/or the Seller Service Levels.

Article 9 – Seller Performance Management

• 9.1 Purpose
  • 9.1.1 In order to maintain minimum levels of customer service and ensure operational service quality for Members, the Company has established a Seller Performance Management Program (“Program”).
  • 9.1.2 Under the Program, you will be required to ensure that the performance of your obligations as a Seller comply with and meet or exceed the minimum Seller Service Levels across key customer service and operational/logistic dimensions, as determined by the Company from time to time.
  • 9.1.3 Compliance with the Program is COMPULSORY for all Sellers.
• 9.2 Seller Service Levels
  • 9.2.1 As a Seller, you are required to comply with the Seller Service Levels.
  • 9.2.2 The Company shall have the right to review the Seller Service Levels from time to time, and it shall be your responsibility to keep yourself updated on any changes made to the same.
• 9.3 Penalties for Non-Compliance with Seller Service Levels

  Where you are unable to meet the minimum threshold for the Seller Service Levels, the Company shall be entitled to impose on you any and all the General Penalties or such other penalty as the Company shall determine at its discretion.

Article 9 – Seller Performance Management

• 9.1 Purpose
  • 9.1.1 In order to maintain minimum levels of customer service and ensure operational service quality for Members, the Company has established a Seller Performance Management Program (“Program”).
  • 9.1.2 Under the Program, you will be required to ensure that the performance of your obligations as a Seller comply with and meet or exceed the minimum Seller Service Levels across key customer service and operational/logistic dimensions, as determined by the Company from time to time.
  • 9.1.3 Compliance with the Program is COMPULSORY for all Sellers.
• 9.2 Seller Service Levels
  • 9.2.1 As a Seller, you are required to comply with the Seller Service Levels.
  • 9.2.2 The Company shall have the right to review the Seller Service Levels from time to time, and it shall be your responsibility to keep yourself updated on any changes made to the same.
• 9.3 Penalties for Non-Compliance with Seller Service Levels

  Where you are unable to meet the minimum threshold for the Seller Service Levels, the Company shall be entitled to impose on you any and all the General Penalties or such other penalty as the Company shall determine at its discretion.

Article 10 –Management of Disputes

• 10.1 Right of Company to Settle Disputes
  • 10.1.1 Trigger Events

    You hereby agree that in the event:

    1. (a) that you do not or are unable to respond to a Buyer within such time period as set out in the Seller Service Levels; or
    2. (b) that you are unable to provide a satisfactory resolution to a Buyer in respect of any matter under this Seller Agreement within such time period as set out in the Seller Service Levels; or
    3. (c) where you are unable to resolve a dispute with a Buyer;

    then the Company shall be entitled to negotiate a settlement with the Buyer on your behalf in respect of such disputes.

  • 10.1.2 Submission of Dispute to Customer Service Centre

    Any disputes to be decided under this Article 10 shall be submitted to the Customer Service Centre for processing.

  • 10.1.3 Response to Customer Service Enquiries
    1. (a) Where you receive enquiries, claims requests or escalated cases (“Enquiries”) from the Customer Service Centre, you shall:-
       1. (i) respond to a minimum of ninety five percent (95%) of such Enquiries with accurate and complete information, and in a prompt and efficient manner, within twenty four (24) hours; and
       2. (ii) resolve a minimum of ninety percent (90%) of such Enquiries within seventy-two (72) hours;
       from receipt of the said Enquiries, or at such other levels and within such time period as may be required under the Seller Service Levels.
    2. (b) In the event of your failure to comply with Article 10.1.3(a), you shall be deemed to agree to the Company recovering any direct or indirect costs incurred in resolving the said Enquiries.
• 10.2 Decision of Company Binding
  • 10.2.1 Pursuant to this Article 10, you hereby agree that:
    1. (a) any decision made by the Company shall be binding on you and the Buyer;
    2. (b) you shall comply with any instructions issued by the Company, through the Customer Service Centre, pursuant to any settlement or decision; and
    3. (c) any costs incurred in respect of the settlement, including but not limited to refunds, return shipping costs and any other compensation) shall be borne by you.
  • 10.2.2 For the avoidance of doubt, the Company shall be entitled to recover the costs referred to in Article 10.2.1(c) above by way of setting off the same against any Settlement Amount owed to you.
• 10.3. Waiver

  Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make any decision only as an ordinary non-professional person. The Company does not act as the agent of either you or the Buyer, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of any decision in respect of the dispute.

Article 11 – Specific Terms & Conditions for Global Sellers

• 11.1 If you are a Global Seller, you are also required to comply with the specific terms and conditions as set out in Appendix C.
• 11.2 The Company shall have the right to review Appendix C from time to time, and it shall be your responsibility to keep yourself updated on any changes made to the same.

Article 12 – Definitions

In this Seller Agreement, unless the context otherwise requires, the following words and expressions shall have the following meaning:

• 1. Temporary or permanent suspension of the affected Product listing.
• 2. Temporary or permanent suspension of Seller Store.
• 3. Cancellation of Transaction.
• 4. Loss or forfeiture of all or part of Settlement Amount.
• 5. Deferment of payment of all or part of Settlement Amount.
• 6. Set-off of any financial penalties imposed or costs to be recovered, against all or part of Settlement Amount, including future amounts as yet uncollected (where the existing Settlement Amount is insufficient to cover such penalties or costs).
• 7. Limits placed on Seller account privileges.
• 8. Downgrading of Seller Rating status.
• 9. Suspension or termination of membership.
• 10. Imposition of financial penalties in such amounts as may be provided for under this Seller Agreement.
• 11. Criminal charges.
• 12. Claims for damages or loss caused by breach or non-compliance.

PayLater by Grab

Collection agent

Merchant authorise PrestoMall to act as your collection agent for purposes of, among others, processing payments, refunds and adjustments for every successful transaction, receiving, collecting and holding proceeds from the payment of the retail price by the customers on your behalf and remitting the settlement amount to you and you agree that PrestoMall will have exclusive rights to do so (the “Payment Rights”). You also agree that you do not have any right or entitlement to collect the retail price directly from any customer.

Deferred payment by customers

Where available, you authorise and agree that we may, as your agent and on your behalf:

(a) grant deferred payment terms to the customers to pay the retail price to us (“Receivables”);

(b) enter into an agreement or arrangement to sell and assign the Payment Rights and/or all rights, title, interest in and benefit to the Receivables to such other third party(ies) as we may approve, without any prior notice to you; and

(c) enter into or provide the customers with additional terms and conditions with respect to such deferred payment terms and such sale and assignment of Payment Rights and/or Receivables.

For the avoidance of doubt, such sale and assignment will not affect the remittance of the settlement amount of the retail price from us to you, which shall be done in accordance with this Agreement.

APPENDIX B

PROHIBITED PRODUCTS

• 1. Temporary or permanent suspension of the affected Product listing.
• 2. Temporary or permanent suspension of Seller Store.
• 3. Cancellation of Transaction.
• 4. Loss or forfeiture of all or part of Settlement Amount.
• 5. Deferment of payment of all or part of Settlement Amount.
• 6. Set-off of any financial penalties imposed or costs to be recovered, against all or part of Settlement Amount, including future amounts as yet uncollected (where the existing Settlement Amount is insufficient to cover such penalties or costs).
• 7. Limits placed on Seller account privileges.
• 8. Downgrading of Seller Rating status.
• 9. Suspension or termination of membership.
• 10. Imposition of financial penalties in such amounts as may be provided for under this Seller Agreement.
• 11. Criminal charges.
• 12. Claims for damages or loss caused by breach or non-compliance.

PrestoMall Terms & Conditions of Use

Presto Mall Sdn. Bhd. (Company No. 1113867-K) (formerly known as Celcom Planet Sdn. Bhd.) ("Company" or "we" or "us") welcomes you to our website, https://www.prestomall.com (“Website”). The Website provides an e-commerce platform that enables registered members to place, accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services online via the Website.

Your use of the Website is governed by the following terms and conditions ("Terms and Conditions").

Article 1 - Acceptance of Terms

• 1.1 Scope of Terms and Conditions
  • 1.1.1 The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.
  • 1.1.2 These Terms and Conditions are to be read together with the following documents:
    1. (a) Seller Agreement (in respect of a Seller);
    2. (b) Cancellation, Exchange, Returns and Refunds Policy; and
    3. (c) Privacy Policy; and
    4. (d) all other policies as published on the Website from time to time.
  • 1.1.3 The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.
  • 1.1.4 For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions in the Policies.
• 1.2 Use of Service and the Website
  • 1.2.1 The Company provides e-commerce facilities and Services via the Website enabling the sale and purchase of Products between Members.
  • 1.2.2 By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
  • 1.2.3 You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
  • 1.2.4 You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
• 1.3 Use of Members’ Personal Data
  • 1.3.1 For a complete description of how the Company uses and protects a Member’s personal data, you may refer to the Privacy Policy.
  • 1.3.2 By continuing to access the Website and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Website if you object to your personal data being used in the ways described in the Privacy Policy.
• 1.4. Amendment of Terms and Conditions
  • 1.4.1 The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
  • 1.4.2 Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
  • 1.4.3 We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.

Article 2 - Application and Registration as Member

• 2.1 Registration as Member
  • 2.1.1 In order to access or use certain services on the Website, you are required to register as a member (“Member”). Unless otherwise specified by the Company, registration as a Member is free.
  • 2.1.2 The Company has the right to restrict, suspend or terminate your access to or use of the Website or the Services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
• 2.2 Membership Categories
  • 2.2.1 Membership of the Website can fall under any one or more of the following categories:
    1. (a) Buyer;
    2. (b) local business Seller (with business / company registration); and
    3. (c) Global Seller (with business / company registration).
  • 
• 2.3 Application Requirements
  • 2.3.1 To become a Member, you must comply with the following requirements:
    1. (b) if you are a company / registered business,you must be an incorporated legal entity or have a business registration number and are authorised under your constitution documents to conduct business with us in accordance with the laws of Malaysia;
    2. (c) for Business Seller Members or Global Seller Members, you must also provide all such information and documents required to support the application, including but not limited to your company/business registration number, company incorporation documents and details of personnel handling the Member account.
  • 2.3.2 You warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Member, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
  • 2.3.3 We reserve the right to accept or reject your application to become a Member at our sole and absolute discretion in the following cases:
    1. (a) where we are not able to verify your identity with certainty;
    2. (b) where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to a membership account already registered with the Website;
    3. (c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
    4. (d) where you have applied for membership within less than one (1) month from the date of termination or cancellation of an earlier membership on our Website;
    5. (e) where you have signed up as a Member under another account, which is either temporarily or permanently suspended at the time of application for a new Member account;
    6. (f) where you have breached any of the Terms and Conditions; and/or
    7. (g) any other reason as may be determined by the Company.
    8. For the avoidance of doubt, our decision above cannot be contested.
• 2.4 Completion of Registration
  • 2.4.1 You will become a Member upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
  • 2.4.2 In order for us to identify you as our Member, you can submit for our review, a member identification name (“Member ID”) which can be any letters, word, numbers or combination of the same. The Member ID shall be our method of identifying you as a Member on the Website. Please note that we reserve the right not to approve any Member ID names that we feel are unsuitable or are not in accordance with our Policies.
  • 2.4.3 Where a Member:
    1. (a) is a company / registered business, we can provide up to five (5) Member IDs;
    2. subject to such conditions and authentication process as we may impose.
  • 2.4.4 Please note that you are not allowed to change your email address once your membership request is submitted and approved as your membership account is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using the new email address.
• 2.5 Protection of Account Details
  • 2.5.1 Each Member is responsible for maintaining the confidentiality of the Member’s account information, including the account password, and for all activity that occurs under the Member’s account. You agree to notify us immediately should there be any unauthorized use of your account or password or of any other breach of security. You may be held liable for losses incurred by the Company or by any other Member and/or Seller due to someone else using your password or account.
  • 2.5.2 You may not use anyone else's password or Member account at any time. We have the right to disable any Member ID or password at any time in our sole and absolute discretion for any reason, including where you have breached any provision of these Terms and Conditions.
• 2.6 Use of Services
  • 2.6.1 Use of the Website and its services as a Buyer is free.
  • 2.6.2 However, certain Services or functions on the Website which are provided for Sellers may require the payment of fees as further described in the Seller Agreement, Policies and/or other agreements as may be entered into between the Seller and the Company from time to time.
  • 2.6.3 Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Seller Agreement, Policies and/or any other agreement a Seller may enter into with the Company in respect of the same.
• 2.7 Suspension and Termination of Membership
  • 2.7.1 Limitation of Access, Suspension or Termination by the Company. Subject to Article 2.8, the Company shall be entitled to restrict your access to the Services and/or temporarily or permanently suspend the Services and/or your account, terminate your account and and/or take any such measures or actions that the Company deems necessary without prior notice to you if:
    1. (a) you commit any prohibited conduct in violation of Article 4.1.;
    2. (b) where you have committed or are suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of these Terms and Conditions; and/or
    3. (c) there are any other reasonable grounds as may be determined by the Company at its sole and absolute discretion.
  • 2.7.2 Termination by Member. Subject to Article 2.8, you may terminate your membership at any time by writing to us at [email protected] provided that all sale and purchase transactions of any Product that are currently in progress must be either be completed or cancelled.
  • 2.7.3 Consequences of Termination of Membership. Termination of your membership, either in accordance with Article 2.7.1 or Article 2.7.2, will result in you losing:
    1. (a) all Credits (as defined herein) and Points (as defined herein) accumulated;
    2. (b) your shopping history; and
    3. (c) Buyer Grade (as defined herein).
    4. For the avoidance of doubt, the Members agree that any and all consequences arising from such termination shall be borne by you.
• 2.8 Rights of Company upon Suspension/Termination of Membership
  • 2.8.1 Where your membership is suspended or terminated by the Company for any reason whatsoever or where you voluntarily terminate your membership (as the case may be), we reserve the right to:
    1. (a) cancel and/or reverse any and all Transactions under your account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
    2. (b) cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your account on the date of termination;
    3. (c) cancel, forfeit or deduct other benefits which may be provided to you as a Member;
    4. (d) disallow or restrict the use of all or part of the Services and/or the Website;
    5. (e) deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
    6. (f) disallow the use of your previous Member ID for any new Member account applied for by you, at our sole and absolute discretion; and/or
    7. (g) claim for compensation or damages pursuant to Article 2.9.
  • 2.8.2 The Company shall provide you prior notice of the steps to be taken under Article 2.8.1 above by telephone or e-mail. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without prior notice, and we shall notify you as soon as practicable thereafter.
• 2.9 Compensation for Losses

  Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.

• 2.10 Dormant Account

  The Company shall deem your account to be dormant if you fail to log in to the Website for a duration exceeding the term specified below:

  Type of Membership	Duration
  Buyer	18 months
  Seller	12 months

  In the event that your account is deemed dormant, the Company may place a restriction on the use of Services and/or Website. In addition to the foregoing, if you are a Seller, the Company may further purge and remove your Product listings from your Seller Store on the Website.

• 2.11 Reactivation of Account

  In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.

Article 3 - Relationship of Parties

• 3.1 Role of Company
  • 3.1.1 The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable Transactions between Members, in their capacity as buyers (“Buyer”) and sellers (“Seller”).
  • 3.1.2 For the avoidance of doubt, if you make a purchase on the Website, you are purchasing the Product from an independent Seller and not from the Company, unless we are specifically named as the seller on record.

Article 4 - Use of Website and Services

• 4.1 Compliance
  • 4.1.1 As a condition of your use of the Services and/or access to the Website, you agree that:
    1. (a) Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
       1. (i) committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
       2. (ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
       3. (iii) using the Services to promote and facilitate pyramid schemes;
    2. (b) Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.
    3. (c) Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services (“Contents”):
       1. (i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
       2. (ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
    4. (d) Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
    5. (e) Use of Personal Data. You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent.
    6. (f) Abusive Behaviour. You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
       1. (i) transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
       2. (ii) directly entering into and completing any Transaction with another Member outside of the Website and/or without using the Payment Protection Services (as described in Article 6) provided by the Company on the Website (“direct dealing Transactions”);
       3. (iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
       4. (iv) manipulating the price of any item or interfering with other Members’ listings; or
       5. (v) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
    7. (g) Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:
       1. (i) distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
       2. (ii) undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
       3. (iii) monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
       4. (iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
       5. (v) engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
    8. (h) Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
       1. (i) persistently raising complaints without any reasonable grounds or justification;
       2. (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
       3. (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
  • 4.1.2 The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Website, terminate your access to the Website and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Article 4.1.1 above.
  • 4.1.3 Please report to the Company should you be asked to enter into any direct dealing Transactions, as described in Article 4.1.1(f)(ii) above. The Company shall not be responsible for any problems or issues suffered by any Member arising in relation to such direct dealing Transaction.
• 4.2 Liability for Third Party Websites

  The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Website or links on the Website for your convenience, and you visit such third party sites at your own risk.

• 4.3 Suspension of Services
  • 4.3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
    1. (a) maintenance work on the Website;
    2. (b) the occurrence of power or communications outage;
    3. (c) technical problems on the part of our third party suppliers or partners;
    4. (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
    5. (e) any other reason(s) that the Company may deem necessary for such suspension.
  • Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
  • 4.3.2 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.

Article 5 - Sale and Purchase of Products

• 5.1 No Representation
  • 5.1.1 The Company is not an agent for, and does not represent either a Buyer or a Seller, and has no authority to act on behalf of either party.
  • 5.1.2 Whether in your capacity as a Member or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to transactions entered into between you and other Members and in relation to any information provided by you to other Members and vice versa.
• 5.2 No Guarantee
  • 5.2.1 The Company does not control the behaviour of Members or the information provided by Members that is made available on the Website. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by Buyers and Sellers, and do not warrant:
    1. (a) the existence, quality, completeness, appropriateness, safety or legality of any Product;
    2. (b) the veracity of any intent to sell or purchase Product by a Buyer or Seller;
    3. (c) whether a Product infringes the rights of any other third party;
    4. (d) the truthfulness, accuracy or legality of any information posted by a Seller or a Buyer in respect of a Product; or
    5. (e) that all Transactions will be completed.
  • 5.2.2 Any liabilities and risks relating to Transactions undertaken between a Buyer and a Seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Website, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).
  • 5.2.3 A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.
• 5.3 Placing of Order
  • 5.3.1 If you, in the capacity of a Buyer, place an Order to purchase a Product on the Website and the Order is accepted by the Seller, you are obligated to complete the Transaction with the Seller and to be bound by such additional terms and conditions specified by the Seller on the Seller Store on the Website, unless:
    1. (a) the Transaction is prohibited by law or these Terms and Conditions;
    2. (b) the Seller materially changes the Product’s description or the Product does not conform to the Seller’s description; or
    3. (c) a manifest error exists in the Product listing information which materially affects the terms of the sale.
  • 5.3.2 An Order may be cancelled by a Buyer at any time before acceptance of the said Order by the Seller.
  • 5.3.3 The Website shall notify a Seller of all Orders made, and upon the Seller’s acceptance of an Order, the status for the Transaction shall be reflected as “Preparing for Shipment”.
  • 5.3.4 Where you have submitted an Order and made full payment for the same, if a Seller fails to confirm acceptance of the Order within such period of time as required under the Seller Agreement, you may request for the transaction to be cancelled and a refund issued pursuant to Article 8.
• 5.4 Offer and Acceptance
  • 5.4.1 Invitation to Treat. For the avoidance of doubt, any and all information on this Website, including the prices and details, constitutes an invitation to treat (an invitation for a Buyer to make an offer to form a contract), and is not considered a binding offer.
  • 5.4.2 Offer Made by Buyer. Where you place an Order and make payment for a Product on the Website, you are actually making an offer to purchase the Products from the Seller, based on the information and description of the Product applicable at the time of purchase.
  • 5.4.3 Acceptance by Seller. While a Seller will make every effort to supply Products ordered, a Seller shall only be legally bound to do so when the Seller confirms acceptance of your offer via the Website. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Website is updated to “Preparing for Shipment”.
  • 5.4.4 Right to Cancel for Technical/Operational Errors. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Website, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
  • 5.4.5 Compensation Limited to Refund of Price Paid. You agree and understand that your remedy as a Buyer in the event of any cancellation made pursuant to this Article 5.4 is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this Article shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
• 5.5 Payment for Products
  • 5.5.1 Payment for Products purchased on the Website can be made via the following methods:
    1. (a) credit card;
    2. (b) debit card;
    3. (c) online banking;
    4. (d) Automated Teller Machine (ATM) or bank transfer;
    5. (e) Mobile wallet;
    6. (f) Credits;
    7. (g) BPoints, being points acquired under the B Infinite customer loyalty programme managed and operated by BLoyalty Sdn Bhd, which can be used for the redemption of products and services; and/or
    8. (h) MOLPay Cash @ 7-Eleven, being a service operated by MOLPay Sdn Bhd, which enables payment for purchase of products to be made at selected 7-Eleven convenience stores throughout Malaysia;

    and shall be in accordance with such terms and conditions as stated on the Website. For the avoidance of doubt, payments made using BPoints and MOLPay Cash @ 7-Eleven shall be subject to such additional terms and conditions as may be imposed by Presto Mall Sdn. Bhd., BLoyalty Sdn Bhd rand MOLPay Sdn Bhd respectively. 
    In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Cancellation, Exchange, Returns and Refunds Policy.

  • 5.5.2 Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Website system.
  • 5.5.3 When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Seller, which arise out of any fraudulent actions discovered under this Article 5.5.3.

Article 6 - Payment Protection Services

• 6.1 Purpose and Mechanism
  • 6.1.1 The Company provides payment protection services (“Payment Protection Services”) to help create a safe and reliable environment for Members to undertake e-commerce Transactions. Payment Protection Services is an escrow payment service provided by the Company whereby any payment made by a Buyer for the purchase of Product is withheld by the Company and only released to the Seller upon confirmation that delivery of a Product has been made and such other appropriate criteria in order to protect the Buyer’s interest. Payment Protection Services applies to all Products purchased on the Website and is a free service.
  • 6.1.2 Under the Payment Protection Services, if you have purchased any Product and completed full payment for the same but:
    1. (a) have not received the Product within the time period stated by the Seller in the Product page; or
    2. (b) have received a Product which is defective, significantly not as described or does not materially conform to the product details as stated on the Website;
    you may contact the Company, and we shall, upon the appropriate investigations being made, refund the payment made by you for the Product.
• 6.2 Cessation of Payment Protection Services
  • 6.2.1 Please note that you are entitled to buyer protection under the Payment Protection Services only until the Product purchased is successfully delivered and accepted by you, which for the purpose of this Article 6, shall be at any point of time before Purchase Confirmation, being the updating of the status of a Transaction to reflect “Purchase Confirmed” on the Website.
  • 6.2.2 Purchase Confirmation can be effected either by way of:-
    1. (a) Purchase Confirmation by Buyer. You may confirm your purchase by accessing the “MyPage” area in your Member account on the Website, and clicking on the “Purchase Confirmed” button; or
    2. (b) Automatic Purchase Confirmation by System. Where you do not take active steps to confirm receipt of the Product in the manner set out in Article 6.2.2, and where you have not taken any active steps to return the Product received or request for an exchange, you are deemed to have effected Purchase Confirmation upon the expiry of the following time periods:

    3. 	Seller Type	Delivery Method	Time Period for Automatic Purchase Confirmation
       1.	Local Seller	via courier company - trackable via the Website system	7 days from "Shipping Complete" date
       2.	Local Seller	via courier company – non-trackable via the Website system	21 days from "Shipping in Progress" date
       3.	Local Seller	direct delivery (using Seller’s own transport)	21 days from "Shipping in Progress" date
       4.	Global Seller	via courier company – trackable via the Website system	7 days from "Shipping Complete" date
       5.	Global Seller	via courier company/other delivery method – non-trackable via the Website system	30 days from "Shipping in Progress" date

  • 6.2.3 Once the status of a Transaction is changed to “Purchase Confirmed” on the Website, protection for the said Transaction under the Payment Protection Services will no longer be available to you, and your payment for the Product will be released to the Seller in accordance with our standard practice and Policies.
  • 6.2.4 Please note that any request for cancellation and refund of the Order after the cessation of the Payment Protection Services shall need to be made directly to the Seller, subject to the Seller’s approval and such terms and conditions as the Seller may impose.
• 6.3 No Representation
  • The provision of Payment Protection Services by the Company does not make the Company a representative of a Seller or a Buyer, nor does it mean that the Company is acting as a proxy for any Buyer or Seller in performing their obligations in connection with any Transaction.

Article 7 - Delivery of Products

• 7.1 Proper Delivery Address
  • 7.1.1 Delivery of the Products shall be made to the address specified by you in your Order.
  • 7.1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
• 7.2 Failure to Deliver by Seller
  • 7.2.1 Where you have submitted an Order and made full payment for the same, but the Seller fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
  • 7.2.2 In such instance, the Company shall refund any payment made by you in accordance with the Cancellation, Exchange, Return and Refunds Policy in force at such time.

Article 8 - Cancellation, Returns, Exchange and Refunds

• 8.1 Please refer to the Cancellation, Exchange, Return and Refunds Policy for further information in relation to the obligations of a Seller or Buyer in respect of cancellation, exchange, returns and refunds of Products.
• 8.2 For the avoidance of doubt, the Cancellation, Exchange Return and Refunds Policy shall be read together with the Seller Agreement, these Terms and Conditions and such other Policies in force from time to time.

Article 9 - Credits and Points

• 9.1 Credits
  • 9.1.1 One (1) Credit is equivalent to RM1.00 (or any other amount as may be determined by the Company) in cash. Credits cannot be exchanged for cash.
  • 9.1.2 You may earn Credits by purchasing selected Products or participating in selected Company promotions. The Company may also issue Credits to you pursuant to special promotions or for any other reason at the Company’s discretion.
  • 9.1.3 You shall use any Credit received only in the manner specified by the Company on the Website and/or as specifically made known to you via email or mobile communications.
  • 9.1.4 The validity period of Credits shall be for such term as the Company may specify on the Website. Although you may be notified by email prior to the expiry date of any Credit, it remains your responsibility to track the validity period of your Credits via your Member account on the Website.
  • 9.1.5 Upon expiry of the validity period, any Credits you have shall be cancelled and removed from your account.
  • 9.1.6 Where you obtain Credits through the purchase of Products, the Company shall reserve the right to cancel any Credits issued where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Credits issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
  • 9.1.7 Where the cancellation of Credits pursuant to Article 9.1.5 or Article 9.1.6 causes a negative balance of Credits in your account, the Company may treat such Credits as owing by you, and may recover the same by setting off the outstanding Credit amount against Credits acquired by you in the future.
  • 9.1.9. The Company shall not entertain any requests for the reissuance of expired or cancelled Credits.
• 9.2 Points
  • 9.2.1 Points can be used to redeem Credits or Coupons, which can then be used as a means of payment at the Website for full or part settlement of the purchase price of Products. Points cannot be exchanged for cash.
  • 9.2.2 You shall use any Points received only in the manner specified by the Company on the Website and/or as specifically made known to you via email or mobile communications.
  • 9.2.3 The validity period of Points shall be for such term as the Company may specify on the Website. It shall be your responsibility to track the validity period of the Points via your Member account on the Website.
  • 9.2.5 Upon expiry of the validity period, any Points you have shall be cancelled and removed from your account.
  • 9.2.6 Where you obtain Points through the purchase of Products, the Company shall reserve the right to cancel any Points accumulated where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Points issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.
  • 9.2.7 The Company shall not entertain any request for the reissuance of expired or cancelled Points.

Article 10 - Coupons

• 10.1 Issuance and Use
  • 10.1.1 You are only entitled to use a Coupon for your own purchases and the Coupon shall not be sold or transferred to any other person.
  • 10.1.2 Use of a Coupon may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount/value of purchases. Coupons may not be used after the respective expiry date. Coupons are not reusable in the event a refund is made due to cancellation or the return of a Product.
• 10.2 Coupon Types
  • 10.2.1 The type of Coupons and discount entitlement on purchases are as follows::
    1. (a) Bonus Coupon – discount applicable for one (1) Product purchased only. For example:
       1. (i) purchase two (2) or more units of Product X, discount applies only to the first unit of Product X;
       2. (ii) purchase one (1) unit of Product X and one (1) unit of Product Y, discount applies to either Product X or Product Y, but not to both Products.
    2. (b) Shopping Cart Coupon – discount is applicable for total order amount (excluding shipping fee);
    3. (c) Shipping Fee Coupon – discount is applicable for shipping fee for one (1) shipment i.e. one (1) coupon per shipment;
    4. (d) Store Cart Coupon – discount is applicable for total order amount of specific Products from a specific Seller Store (excluding shipping fee); and
    5. (e) other types of Coupons, as the Company may issue from time to time, subject to the discount entitlement and specific conditions as the Company shall decide.
• 10.3 Cancellation of Coupon
  • 10.3.1 If your Order is cancelled, your Coupon will be automatically reissued provided that the cancellation occurs within the Coupon validity period.
  • 10.3.2 The reissued Coupon will be valid for the remainder of the original validity period and the Company will not entertain any request for extension of the validity period for the reissued Coupon. It shall be your responsibility to track the validity period of the Coupons and no request for reissue or extension of validity period of expired Coupons will be entertained.
  • 10.3.3 Notwithstanding the aforementioned, the Company reserves the right to cancel a Coupon and/or amend the terms and conditions applicable for Coupons at its sole and absolute discretion.

Article 11 - Buyer Grade

• 11.1 Determination of Buyer Grade
  • 11.1.1 A Buyer shall be entitled to certain benefits as listed on the Buyer’s account, under the “My Page” section of the Website depending on the Buyer Grade.
  • 11.1.2 The Company has sole and absolute discretion to determine your Buyer Grade for any particular period in accordance with such criteria as the Company shall decide.
  • 11.1.3 The Company reserves the right at all times to:
    1. (a) change your Buyer Grade; and
    2. (b) cancel any benefits received under such Buyer Grade;
    3. where you have breached any of the Terms and Conditions or where the Company deems, at its discretion, that such action is necessary.
• 11.2 No Guarantee of Financial Status

  Your Buyer Grade in no way guarantees your creditworthiness nor is it any indication of your financial status.

• 11.3 Review of Buyer Grade
  • 11.3.1 Where you believe that you may have been accorded a wrong Buyer Grade, then you may request for a reassessment of the same, which shall be subject to the criteria referred to in Article 11.1.1 above.
  • 11.3.2 Any follow up action taken will be at the Company’s sole and absolute discretion.

Article 12 - Feedback and Review System

• 12.1 Submission of Feedback
  • 12.1.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Seller will contribute to the Seller’s rating on the Website.
  • 12.1.2 If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
• 12.2 Right to Remove Feedback

  Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms and Conditions, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you.

Article 13 - Disputes between Buyer and Seller

• 13.1 Discussions in Good Faith

  In case of any disputes relating to the purchase and sale of the Products on the Website between you and another Member (collectively referred to as “Disputing Parties”), you shall first attempt to resolve the dispute with such Member (“Dispute”) in good faith.

• 13.2 Referral of Dispute to Company
  • 13.2.1 Where the Disputing Parties cannot resolve their Dispute pursuant to Article 13.1 within any time periods prescribed in these Terms and Conditions and/or the Seller Agreement, either you or the other Member may submit such Dispute to the Company for a final determination and resolution.
  • 13.2.2 You agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute.
• 13.3 Decision by Company
  • 13.3.1 The Company shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute (“Decision”), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties.
  • 13.3.2 You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision:
  1. (a) cancel any Transaction on the Website;
  2. (b) release any funds held under the Payment Protection Services to either of the Disputing Parties (as applicable);
  3. (c) temporarily or permanently suspend either or both of the Disputing Parties’ accounts on the Website;
  4. (d) temporarily or permanently remove listings of a particular Product from the Website;
  5. (e) require the removal of or the Company, of its own accord, may remove any unlawful content from a Seller store on the Website;
  6. (f) revise the rating for either or both of the Disputing Parties’ accounts on the Website;
  7. (g) cancel any Coupons, Credits and/or Points issued; and
  8. (h) carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.
  • 13.3.3 Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. The Company does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of the Decision and the Dispute.

Article 14 - Intellectual Property Rights

• 14.1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
• 14.2 Trademarks. "PrestoMall", "MADNESS SALE", “FIND WHAT YOU LOVE” and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
• 14.3 Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Website by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
• 14.4 Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you 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. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
• 14.5 Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
• 14.6 Affiliates. In order to boost sales, information regarding Products displayed for sale by any Member on the Website may be disclosed to the Company's affiliated third parties, including websites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Seller Agreement and the Terms and Conditions.
• 14.7 Indemnity. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.
• 14.8 Claims from a Third Party. Where you have received claims from a third party that your 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, you shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Website from and in such claims.
• 14.9 Complaints. You shall notify the Company 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 the Company, its directors and employees and / or the Website arising from your use of any Intellectual Property Rights must shall be fully compensated by you.
• 14.10 Usage. If you post content or submit material to the Website, and unless the Company indicates otherwise, you are deemed to have a granted the Company 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.

Article 15 - Customs Regulations and Inspections

• 15.1 If you are buying Products on the Website which are located in another country, kindly note that you shall be considered as the importer on record. As such, you must comply with all applicable importation laws and regulations when buying such Products, and you should ensure that the Product purchased can be lawfully imported into Malaysia before purchasing the same.
• 15.2 Purchases of Products from overseas may be subject to payment of import duties and taxes, which are levied once the Product reaches Malaysia. As a general principle, additional charges for customs clearance shall be borne by the Seller.

Article 16 - Liability

• 16.1 In the event of a dispute between you and a Member in relation to Products purchased on the Website, you shall release the Company from all 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 dispute.
• 16.2 The Company does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Sellers and other Members on the Website or that a Member will actually complete a particular Transaction.
• 16.3 The Company cannot and does not guarantee continuous or secured access to the Website and its services, and operation of the Website may be affected by numerous factors outside of the Company’s control.
• 16.4 All materials, information, software, products, services and other content contained on the Website or from a linked site, is provided to you on "as is" basis and 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.
• 16.5 The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Website. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Website is solely at your own risk.
• 16.6 The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will the Company be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a Member or whether in action for contract, breach of warranty, tort or otherwise.
• 16.7 THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS 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. SPECIFICALLY, YOU ALSO AGREE THAT THE COMPANY 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 THE COMPANY 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: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 16.8 Indemnity. You hereby indemnify and hold the Company, 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 your breach of this Terms and Conditions and/or the Seller Agreement (as the case may be), or your violation of any law or the rights of a third party.

Article 17 – No Warranties

• 17.1 You will not hold the Company responsible for other Members' content, actions or inactions, or Products listed by Members, including content they post.
• 17.2 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 Presto Mall 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.
• 17.3 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.
• 17.4 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.
• 17.5 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.
• 17.6 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.
• 17.7 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.
• 17.8 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.

Article 18 - Access and Interference

• 18.1 The Website contains robot exclusion headers. Most of the information on the Website is updated on a real time basis and is proprietary or is licensed to the Company by Website’s Members or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission from the Company.
• 18.2 Additionally, you agree that you will not:
  1. (a) take any action that imposes or may impose, in the Company's sole and absolute discretion, an unreasonable or disproportionately large load on the Website's infrastructure;
  2. (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Website without the prior written permission of the Company;
  3. (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
  4. (d) bypass the Company robot exclusion headers or any other measures we may use to prevent or restrict access to the Website.

Article 19 – Linking Your Account with Presto App Account

• 19.1 Linkage of Accounts. If you are a subsisting Presto App Account user, you may elect to link your account with your Presto App Account by logging in to your account or Presto App Account which shall redirect you to the account binding page.
• 19.2 Accessible Information. The linkage of your account and Presto App Account shall enable you to have access to the account number of Presto App account.
• 19.3 Log in Credentials. Notwithstanding that you have agreed to link both your account and Presto App Account, you shall retain your respective log in credentials for your account and Presto App Account.
• 19.4 Unlinking of Accounts. In the event that you decide to unlink both your account and Presto App Account, you may contact the Company for such unlinking of accounts.
• 19.5 Terms and Conditions. You agree to be bound by these Terms and Conditions and Presto App’s terms of use in respect of such linkage of your account and Presto App Account.

Article 20 - General

• 20.1 Governing Law. These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Seller Agreement and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
• 20.2 Notices. Unless specified otherwise in these Term and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:
  Presto Mall Sdn. Bhd.,
  Level 25, NU Tower 2,
  203 Jalan Tun Sambanthan,
  KL Sentral 50470 Kuala Lumpur,
  Malaysia.
• All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
• 20.3 No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Website, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
• 20.4 Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
• 20.5 Severability. If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.
• 20.6 Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times

Article 21 - Definitions

• 21.1 In this Terms and Conditions, the Seller Agreement and the Policies, unless the context otherwise requires, the following words and expressions shall have the following meanings:

• “Business Day”	means a day on which the banks are open for business in Kuala Lumpur, and excludes weekends or public holidays;
  “Buyer”	means a Member who purchases the Products through the Website, subject to the Terms and Conditions as herein contained;
  “Buyer Grade”	means a rating or grade accorded to each Buyer, based on specific criteria and according to the Buyer’s use of the Services in making purchases on the Website, as more particularly described in Article 11;
  “Coupon”	means discount coupons which the Company may, at its sole discretion, issue to the selected/identified Members, entitling such Members to a discount of fixed amount or rate on the purchase of a Product on the Website, as more particularly described in Article 10;
  “Credits”	means electronic prepaid credits which a Member can use as a means of payment on the Website for full or part settlement of the purchase price of Products, as more particularly described in Article 9;
  “Intellectual Property Rights”	means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trade marks/service marks, trade names, registered designs and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
  “Member”	means a member of the Website, registered either as a Buyer or a Seller, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Website to purchase and/or sell Products to other Members via the Website;
  “Order”	means an offer to purchase a Product placed by a Buyer on the Website in accordance with these Terms and Conditions and the Policies, as further described in Article 5.3 and Article 5.4;
  “Payment Protection Services”	means the escrow payment services developed by the Company to help create a safe and reliable environment for Members to undertake e-commerce Transactions as further described in Article 6 of the Terms and Conditions;
  “Points”	means points which a Member may earn under the Company’s loyalty program, through any of the following means: (a) by purchasing selected Products on the Website; (b) by participating in selected Company’s promotions; (c) as an existing membership benefit depending upon the Member’s existing rating; or (d) upon any upgrade of the Member’s rating.
  “Policies”	shall collectively refer to: (a) Privacy Policy; (b) Cancellation, Exchange, Returns and Refunds Policy; and (c) all other policies posted on the Website from time to time (for example, and not limited to, policies related to fraud actions, conducting off-site transactions, feedback manipulations, and temporary or permanent suspensions of Members);
  “Presto App Account”	means the mobile application of Presto App operated by Presto Pay Sdn. Bhd. (Company No. 795818-U), that list amongst others, your personal information as may be stored by you, subject always to the prevailing privacy policy of Presto Pay Sdn. Bhd.;
  “Privacy Policy”	means the Company’s policy relating to the collection, use, disclosure and management of personal data on the Website;
  “Products”	means a Seller’s products and/or services listed for sale on the Website;
  “Seller”	means a Member who sells the Products through the Website, subject to the Terms and Conditions as herein contained as well as the Seller Agreement and Policies. For the avoidance of doubt, the word “Seller” whenever used in these Terms and Conditions or the Seller Agreement, depending on the context in which it occurs, refers to one or more of the following: (a) local business seller (with business / company registration); or (b) global seller member (with business / company registration), as more particularly described in the diagram under Article 2.2;
  “Seller Agreement”	means the general terms and conditions setting out the rights and obligations of Sellers who sell their Products on the Website;
  “Seller Store”	means a virtual online store on the Website which allows a Seller to upload and list Products for sale and enable Transactions for the same to be conducted;
  “Services”	means services that are offered by the Company through the Website to the Members and may include such services provided by third party service providers such as payment gateway services and logistics management services;
  “Terms and Conditions”	means these terms and conditions governing the membership of the Website setting out, among others, eligibility requirements of Members, services available to Members under the Website, benefits which Members are entitled to and Members’ rights and obligations;
  “Transaction”	means a sale and purchase transaction of the Products between a Buyer and a Seller which is conducted online via the Website; and
  “Website”	means the online market place owned and operated by the Company, and known as “PrestoMall”, being an e-commerce platform that enables Transactions between registered Members, having its domain at www.prestomall.com.