#MYCyberSALE th
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29 Sep – 1 Oct 2014
E-TAILER APPLICATION FORM A. Participating Criteria 1. Must Registered under Business Act 1956 or Company Act 1965; Not the subject of a winding up order; 2. Must have a website or a microsite within an e-marketplace (presence on social media sites and blogs are invalid); 3. Have a recognised payment gateway; 4. Adopt good e-commerce practices on the website, such as: a. Clear Terms & Condition regarding shipping, cancellation/ return / refund policy; b. Implement the Personal Data Protection Act 2010 under the Privacy Policy c. Disclose the following information: d. Company information e. Has customer service / support contact information 5. Adhere to the relevant regulations in Malaysia; and 6. Must provide the Transaction Value (in RM) and Number of Customers for the sale duration (MDeC to provide reporting format). B. Please attach the following documents : 1. Company Registration form 9, 24 and 49 (for Company) or Form E and D (Sole Proprietor); 2. Proof of Payment Gateway Registration (eg : Print screen of Paylink page); and 3. A copy of Terms and Condition (indicating good customer engagement). C. Submission Instruction Please submit the completed form and its attachment (referring to item B) to
[email protected].
FOR MDEC USE ONLY
Company Name : ………………………………………………………………………………..… Submission Process
Approval Process
Received Date : ……………………………………………………….
APPROVED
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Approval Date : ……………………………………………………….
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Please select the type of E-Tailer : E-Marketplace [ Please state the number of participating merchant : _________ ] E-Voucher [ Please state the number of participating merchant : _________ ] Individual E-Tailer Company Details Website Address : ……………………………………………………………………………………………………………..…………………... Company Name : …………………………………………………………………………………………………………………………....……. Contact Person
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Designation
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Address
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Contact No
: Office ……………..………………………………… Mobile ………………….………………….……………….
Email Address
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Payment Gateway Name of Payment Gateway or banks
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Payment Gateway Merchant ID number
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Agreement I/We hereby confirm our participation in #MYCyberSALE and agree to abide the qualifying criteria and terms & condition stated. Name
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Designation
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Date
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Signature
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Company Stamp :
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TERMS & CONDITION 1.
#MYCyberSALE 2014 is an initiative by Digital Malaysia organised by MULTIMEDIA DEVELOPMENT CORPORATION SDN BHD (Co. No. 389346-D) (“MDeC”) 2. Qualifications – The invitation to be a Participating E-Tailer (E-Tailer) is open to all e-Marketplaces, Individual E-Tailer and eVoucher companies that fulfils to the approved qualifying criteria. 3. License to use E-Tailer’s Logo – The participating E-Tailer (a) grants to MDeC, for the purpose of the sale, a non-exclusive royalty free license to use the E-Tailer’ logo to promote and market the sale; (b) agrees to indemnify MDeC in respect of any action that may be brought against MDeC arising out of or in connection with the use of the E-Tailer’s logo. “E-Tailer’s Logo” means the logo supplied by the E-Tailer to MDeC in connection with this agreement and #MYCyberSALE. 4. Performance Reporting – The participating E-Tailer must report their performance for the duration of the sale no later than 3 rd October 2014. The report will consist of Transaction Value (in RM) and Number of Customers for the duration of #MYCyberSALE. 5. Termination by MDeC – MDeC shall be entitled to terminate this agreement immediately by providing a written notice to the ETailer at its sole and absolute discretion determines and/or believes that : (a) the E-Tailer is in breach of or fails to perform any obligation or provision of this agreement; and/or (b) the E-Tailer engages in conduct which reflects unfavourable and/or has an adverse implication on the goodwill, good name, reputation or image of the sale or MDeC. 6. Indemnity – The E-Tailer hereby agrees to indemnify, keep indemnified and hold harmless MDeC and other supporting parties against all and/or any loss, costs, expenses, claim demands or liability whatsoever which may be brought against them in respect of all matters arising directly and/or indirectly from and/or in connection with this agreement and/or the sale as a consequence of these acts, breach, omissions or negligence of the E-Tailer or its servants and agents. The E-Tailer shall be solely responsible for the dealings between the E-Tailer and their Customers. MDeC shall not be liable for any claims whatsoever which may be brought against MDeC in respect of any matters arising directly and/or indirectly from the dealings between the E-Tailer and Customers at all times. For the avoidance of doubt, such indemnity shall be effective irrespective of whether legal proceedings have been instituted, or whether any settlement or compromise had been reached. 7. Exclusion of Liability – To the extent permitted by the applicable law, under no circumstances shall MDeC be liable for and indirect, consequential, incidental, special or punitive damages (including without limitation damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out the performance or nonperformance of its obligations under this agreement, even if MDeC has been notified of the possibility of such damage arising. 8. Force Majeure – (i) Neither Party will be liable for any delay in performing or failure to perform any of its obligations under this agreement caused by an event of Force Majeure. (ii) The Party claiming the event of Force Majeure will promptly notify the other in writing of the reason for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage. As regards such delay or stoppage : (a) any cost arising from the delay or stoppage will be borne by the Party incurring those cost; (b) either Party may, if the delay or stoppage continues for more than thirty (30) continuous days, terminate this agreement with immediate effect by giving written notice to the other and neither Party will be liable to other for such termination; and (c) the Party claiming the event of Force Majeure will take all necessary steps to bring that events to a close or to find a solution by which this agreement may be performed despite the event of Force Majeure. 9. Public Announcements and Press Release – The E-Tailer, its permitted assigns, employees, agents and/or representatives shall not make any public announcement or issue any press statement concerning any aspect of this agreement without the prior written approval of MDeC. All requests for such approval shall be directed in writing to MDeC and shall state the subject matter of the announcement or text of the press release. 10. Personal Data – By participating in the #MYCyberSALE 2014, the Participants represent and warrant to MDeC that the E-Tailer have read and understood MDeC’s Personal Data Protection Statement which is available at www.mscmalaysia.my/personaldata-protection and agreed to the processing of personal data by MDeC in the manner set out therein. 11. Governing Law – This agreement and all terms and conditions herein and all disputes and differences arising out of or in connection with this agreement (including any dispute regarding the existence, validity or termination of this agreement or the consequence of its nullity) shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement (including a dispute regarding the existence, validity or termination of this agreement or the consequences of its nullity). 12. Rules and Regulations – MDeC reserves the right to make and issue and regulations in connection with sale and conduct of the E-Tailer from time to time. Such rules and regulation shall form part of this agreement and shall be binding on the E-Tailer upon the same being dispatch to the E-Tailer. Failure by the E-Tailer to abide by any such rules and regulation may (in addition and without prejudice to those consequences stipulated herein) result in termination of this agreement, the loss of any rebates that the E-Tailer may otherwise be eligible (if applicable), the E-Tailer will be suspended from participating in future sale and such other penalties or consequences as may specifically be provided in the said rules and regulations.
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