MERCHANT AGREEMENT 
Terms & Conditions

Terms not defined in these Special Conditions will have the meaning ascribed to them in the Terms.

1. Services

The Parties agree on the supply of the Services that are set out under the Annex to be carryout in compliance with the Terms.

2. Terms

This E-Merchant Agreement will come into force on the Effective Date and continue in force unless otherwise terminated in accordance with the Terms. 

3. Personal Data

The Merchant agrees to adhere to the terms and conditions of use of FORYOU and the FORYOU privacy policy. The Merchant also authorizes FORYOU to store, transfer, use and otherwise process in Malaysia or abroad the personal data of the Merchant provided to FORYOU including information pertaining to the Merchant’s directors, employees, agents and consultants, for the purpose of the fulfilment of the terms of this Agreement and the services contemplated herein.

FORYOU MERCHANT TERMS AND CONDITIONS

FORYOU is owned, operated and managed by APP FORYOU Sdn Bhd (“FORYOU” or “We” or “Us” or “Our”) and these Terms and Conditions ("Terms") govern the rights and obligations regarding your access as a Merchant of FORYOU to and use of the FORYOU website, software, mobile application and services, collectively, ( the "FORYOU Services”). Apart from these Terms, you also agree to adhere to the FORYOU Terms of Use (“FORYOU Terms of Use”) and FORYOU Privacy Policy (“FORYOU Privacy Policy”).

In these Terms “You” means the Merchant as detailed in the FORYOU Merchant Registration Form. You and FORYOU shall be collectively referred to as the ‘Parties’. By signing-up as an FORYOU Merchant, you agree to bind by the following terms and conditions governing the FORYOU Merchant Programme.

1. Use of the FORYOU Services

a) By registering as a Merchant, you will have access to the FORYOU Services including the right to use and manage your Merchant business sites/Merchant profile portal to manage Users of FORYOU as well as to promote the FORYOU Services to such Users.

b) You may also have access to our partner sites, the information and links of which may be displayed on your Merchant business site/profile portal.

c) Should you wish to subscribe to analytic services to enhance your use of the FORYOU Services, we are pleased to offer the same to you based on separate terms. Please feel free to reach out to our support team at support@foryoubiz.com for further information or other services we may be able to provide.

2. Tenure, Termination & Suspension

a) By registering as a Merchant, you will have access to the FORYOU Services including the right to use and manage your Merchant business sites/Merchant profile portal to manage Users of FORYOU as well as to promote the FORYOU Services to such Users.

b) You may also have access to our partner sites, the information and links of which may be displayed on your Merchant business site/profile portal.

c) Should you wish to subscribe to analytic services to enhance your use of the FORYOU Services, we are pleased to offer the same to you based on separate terms. Please feel free to reach out to our support team at support@foryoubiz.com for further information or other services we may be able to provide.

d) FORYOU reserves the right, at its sole discretion, to suspend your access to the FORYOU Services/ you from further participation in the FORYOU Merchant Programme should there be a breach by you threatened or actual of the terms of this Agreement, the FORYOU Terms of Use, the FORYOU Privacy Policy, relevant policies, rules and regulations of the FORYOU Merchant Programme.

e) FORYOU also reserves the right to suspend your account if there is no response from you to the follow up queries from the FORYOU team regarding the completion of your registration process as a Merchant of FORYOU. Any amounts paid by you during such registration will be forfeited. 

f) Any termination or expiration of this Agreement shall be without prejudice to any of Our rights which may have accrued up to the date of termination or expiration and to any other remedy or right that we may have under this Agreement or under the law.

3. Charges and Commissions

a) The charges/commissions applicable for your participation as an FORYOU Merchant are set out in the Annex.

b) Any amounts payable by you to Us shall be exclusive of any and all taxes and such taxes shall be set out separately in any invoice/document and borne by you.

c) Any exchange rates applicable for any charges/commissions applicable to you under this Agreement based on the current prevailing market rates.

4.  Cancellation, Return and Refund

a) Buyer may apply for the return of the purchased item and refund prior to the expiry of Guarantee Period (stated as in each respective product’s description), if applicable, subject to and in accordance with ForYouBiz’s Refunds and Return Policy. Please refer to ForYouBiz’s Refunds and Return Policy (please refer to clause 7) for further information.

b) ForYouBiz reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into ForYouBiz Account.

c) ForYouBiz does not monitor the cancellation, return and refund process for offline payment.

5. Merchant’s Responsibilities

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

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

c) Merchant agrees that ForYouBiz may at its discretion, engage in promotional activities to induce transactions between Buyer and Merchant by reducing, discounting or refunding fees, or in other ways upon merchant’s consent. The final price that Buyer will pay actually will be the price that such adjustment is applied.

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

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

f) Merchant acknowledges and agrees that Merchant’s violation of any of ForYouBiz’s polices will result in a range of actions 

6. Disputes

a) In the event a problem arises in a transaction, the Buyer and Merchant agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which ForYouBiz shall use reasonable commercial efforts to facilitate. If the matter cannot be resolve by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

b) Each Buyer and Merchant covenants and agrees that it will not bring suit or otherwise assert any claim against ForYouBiz or its Affiliates (except where ForYouBiz or its Affiliates is the Merchant of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

c) Users covered under ForYouBiz may send written request to ForYouBiz to assist them in resolving issues that may arise from a transaction upon request. ForYouBiz may, at its sole discretion and with absolutely no liability to Merchant and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to ForYouBiz’s Refunds and Return Policy.

7. Refund & Return Policies

a) Application for Returns/Refunds

i. Subject to the terms and conditions in this Refunds and Return Policy and the Terms of Service, Buyer may apply for return of the purchased items (“Item”) and/or refund prior to the expiry of the ForYouBiz guarantee period as stated in each product return policy.

ii. ForYouBiz guarantee is a service provided by ForYouBiz, on User’s request, to assist Users in dealing with certain conflicts that may arise during the course of a transaction. Users may communicate with each other privately to resolve their differences or approach their relevant local authorities to assist them in overcoming any dispute prior, during or after using ForYouBiz Guarantee.

b) Application for the Return of an Item

i. Buyer may only apply for the refund and/or return of the Item in the following circumstances:

The Item has not been received by Buyer;

The Item received is incomplete (missing quantity or accessories);

Merchant has delivered an Item that does not match the agreed specification (e.g. wrong size, colour, etc.) to Buyer;

The Item delivered to Buyer is materially different from the description provided by Merchant in the listing of the Item; 

The Item received is a counterfeit item**;

The Item received has physical damage (e.g. dented, scratched, shattered);

The Item received is faulty (e.g. malfunction, does not work as intended);

** Counterfeit item return policy is applicable to ForYouBiz merchants only.

Buyer’s return/refund application must submit via the ForYouBiz platform.

ii. ForYouBiz will review each Buyer’s application on a case-by-case basis and, in its sole discretion, determine whether Buyer’s application return/refund is successful.

iii. In the event where Buyer has commenced legal action against Merchant, Buyer may provide the formal notification from the appropriate authority to ForYouBiz. ForYouBiz to continue to hold the purchase monies until a formal determination is available. ForYouBiz will at its sole and absolute discretion, determine whether it is necessary to continue to hold such purchase monies.

c) Rights of Merchant

i. When ForYouBiz receives an application from Buyer for the return of the Item and/or refund, ForYouBiz will notify Merchant in writing (via email).Merchant may respond to Buyer’s return/refund application according to the steps provided by ForYouBiz in the written notification. Merchant must respond within the period stipulated in the written notification. Should ForYouBiz not hear from Merchant within the Stipulated Period, ForYouBiz assume that Merchant has no response to Buyer’s application, will proceed to assess Buyer’s application without further notice to Merchant.

ii. ForYouBiz will review each Merchant’s response on a case-by-case basis and, in its sole discretion, determine whether Buyer’s application may be successful against the circumstances stated by Merchant.

d) Condition of Returning Item

To enjoy a hassle-free experience when returning the Item, Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must return to Merchant in the condition received by Buyer on delivery. We will recommend Buyer to take a photo of the Item upon receipt.

e) Liability of Return Shipping Fee

i. In the scenario of an unforeseen error from the merchant's end (i.e. - damaged, faulty or wrong Item delivered to the buyer), the merchant will bear the buyer's return shipping fee.

ii. In the scenario where both merchant-buyer disputing the party liable for the return shipping fee, ForYouBiz at its sole discretion will determine the party liable for the return shipping fee.

f) Refunds

Buyer will only receive refund after ForYouBiz has confirmation from Merchant that Merchant has received the returned Item. In the event where ForYouBiz does not hear from Merchant within a specified time, ForYouBiz will be at liberty to refund the applicable sum to Buyer without further notice to Merchant. The refund to be proceed to Buyer’s credit/debit card or designated bank account, whichever is applicable.

g) Communication Between Buyer and Merchant

ForYouBiz encourages Users to communicate with each other in the event where a problem arises in a transaction. As ForYouBiz is a platform for Users to conduct trading, Buyer should contact Merchant directly for any issue relating to the Item purchased.

 8. Devices

a) We may provide you with devices (e.g. dongles, iPads, etc) as a Merchant of the FORYOU Merchant Programme. Such devices shall remain the exclusive property of FORYOU.

b) Upon the termination of the expiration of this Agreement, you shall return to us the said devices on demand, in good condition (fair wear and tear excepted) failing which, we reserve the right to charge you the costs of such devices. In the event of any loss or damage to such devices by you or your employees/representatives, we reserve the right to charge the amounts of such loss to your account which shall be payable within 7 days from our notice to you on the same. 

c) To the maximum extent as permitted by applicable law, in no event will FORYOU be liable to you, your employees, agents, servants, your customer and/or any third party for the operation, quality of fitness, or failure of any of the devices or any substituted devices provided by FORYOU. 

d) You shall always keep the devices in good working order and safe, failing which the replacement cost of the devices shall be borne by you. 

9.   Promotions and Marketing Activities

a) FORYOU shall carry out promotion and marketing activities on FORYOU throughout the Tenure to promote FORYOU to members or the public.

b) You hereby agree to grant us the right to use, modify, reproduce, publicly display, distribute, broadcast, transmit, stream, publish your intellectual property (including names, logos, trademarks, graphic, artwork and etc) for the purpose of such promotion and marketing activities. 

c) Any use of your intellectual property as contemplated in this Agreement is within our sole discretion. Any promotion and/or marketing activities conducted by you for FORYOU shall be subject always to our express prior written approval.   

10.  Other Web Sites and Services

a) We do not claim any responsibility for the content of any website or service linked to or from FORYOU, including the information contained within them. 

In the event you click on any link or service from FORYOU, such action is solely at your own risk and your use of such third party services or links or any personal information you share on such websites of links will be subject to the terms and conditions, and privacy policies of such websites and/or services. Your use of any such website or service and you allowing such website of service to access your information at your own risk.

11. Personal Data 

a) You acknowledge and agree to adhere to the terms of the relevant personal data protection legislation in place in your jurisdiction.

b) You hereby acknowledge that you will process the personal data on FORYOU solely for the purpose of the FORYOU Merchant Programme only and in accordance with our instructions.

c) You shall comply with any applicable laws and regulations pertaining to the protection of the personal data of the users of FORYOU by implementing practical technical and organizational measures to protect the personal data of the users of FORYOU against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.

d) You shall immediately inform us in writing if you become aware that the personal data of any user of FORYOU is lost, misused, modified, or subject to unauthorized or accidental access or disclosure, alteration or destruction. You shall use your best efforts to recover any such personal data as soon as reasonably possible after discovering the loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction of such personal data.

e) You shall notify us immediately if a FORYOU user makes a request to you to amend and/or edit details of their particulars.

f) You shall take all practical precautions to protect the personal data of the users of FORYOU from unauthorized access, deletion, corruption or damage whether by way of action and/or inaction by you, your employees, agents and/or servants.

g) You shall indemnify us for any breach of the relevant personal data protection by you (including its sub-contractors or representatives) in relation to the personal data of the users of FORYOU which renders us liable for any costs, fines, damages, claims or expenses incurred due to your default, negligence, error or omission.

12. Intellectual property

a) Nothing in this Agreement entitles you to use the FORYOU name, website, applications, logos and trademarks or any of our intellectual property rights.

b) All intellectual property rights pertaining to FORYOU, its related services, website, the FORYOU Merchant Programme, applications, logos, trademarks and all other related materials shall remain our exclusive property and nothing set out herein shall operate as to transfer any interest, or create any express or implied licenses, in our intellectual property rights to you.

c) You hereby grant our affiliates and us a worldwide, non-exclusive, royalty-free license (with full right to sublicense). To use, publish, display, reproduce, exploit, modify, alter, integrate, make available, merge, decompile, reverse engineer, or commercially or non-commercially exploit in any manner, your materials for our business operations as well as for the purposes of us fulfilling our obligations under this Agreement. You warrant that you are either the rightful owner or licensee of your materials, or that it has procured sufficient rights to the Merchant’s Materials in order to fulfil its obligations as set out in this Agreement. Nothing in this Agreement shall limit the Merchant’s liability for breach of this warranty or for breach by the Merchant of the Company’s Intellectual Property Rights. 

d) You shall be harmless and further indemnify our directors, employees, agents and us, from and against any costs, expenses claims, damages, losses or liability (including but not limited to, reasonable legal fees) that we may suffer. On a full indemnity basis, arising from any alleged or actual infringement, whether or not under the laws of Malaysia, of any third party’s intellectual property rights in relation to the usage of your materials in providing the services set out herein.  

13.  Merchant’s Business Category

a) Merchant shall maintain the same business category and not allow making any changes without prior written approval by FORYOU.

b) The products and services offer by Merchant shall fall within the same business category. Failure to comply may result in suspension or permanent termination of this contract, without warning.

c) The products and services offer by Merchant shall be legal, following the rules and regulations of Malaysia. Failure to comply may result in suspension or permanent termination of this contract, without warning.

d) Merchant warrants that it has the right to sell and promote the products and services on FORYOU and shall be responsible to obtain all necessary approvals or permits required under the applicable laws to sell and promote the same on FORYOU. A breach of this clause by the Merchant shall result in immediate termination of this Agreement.

14.  Security

a) You agree to take all reasonable precautions to prevent any fraudulent transaction and/or activity affecting or in relation to the FORYOU Merchant Programme.

b) In the event you discover any fraudulent transaction and/or activity and points issues (including void transaction or refund matters), you agree to immediately notify us and work with us to resolve the matter in an effective and efficient manners. 

c) In no event shall we be liable to you in contract, tort, negligence or any other cause of action or otherwise for any loss of profits suffered by you or any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising of or in connection with such fraudulent transaction and/or activity and points issues.

15. General

a) Limitation of liability

Notwithstanding anything set out herein, our maximum aggregate liability to you shall be limited to RM100.00 only for any claims arising out of or in respect of any default by us under this Agreement. 

In no event shall we be liable for any claim or cause of action by customers or any third party in connection with, or arising out of your breach of clause 11(d) above. You shall be harmless and further indemnify our directors, employees, agents and us from and against any costs, expenses claims, damages, losses or liability (including but not limited to, reasonable legal fees) that we may suffer, on a full indemnity basis, arising from your breach of clause 10(d) above and in relation to the sale and promotion of your products and services on FORYOU.

b) Disclaimer

We are not responsible for any incorrect or outdated products and services descriptions and/or images promoted on FORYOU as they do not necessarily reflect the latest information available from you and/or the manufacturer. You hereby acknowledge that your responsibility to ensure that the description and images of your products and services promoted and sold in FORYOU reflects the latest information that is available. FORYOU trusts that the statements related to your products and services advertised in FORYOU is correct and does not need to obtain an evaluation of such statements from any relevant or applicable Malaysian authorities and/or regulatory bodies. 

By carrying out our obligation pursuant to clause 6(a) above, FORYOU does not make any warranty as to the fitness for purpose or quality of your products and services in FORYOU. 

c) Assignment 

You shall not transfer or assign your rights or obligations to any third party under this Agreement, whether by operation of law or otherwise, without our prior written consent. 

d) Terms and Conditions 

We shall be entitled to amend the Terms in this Agreement at any time at our sole discretion and notification of the amendment will be provide to you.

e) Successor Bound

This Agreement shall be binding upon the successors-in-title and the permitted assignees or transferees of the Parties hereto.

f) Notice

All notices under the FORYOU Merchant Programme will be in writing and sent to the address of the Parties given in the FORYOU Merchant Registration form.

g) Annex

The terms of the Annex shall be taken read and construed as an essential part of this Agreement, In the event of any conflict between the provisions of the Agreement and the terms set our under the Annex, the terms set out in the Annex shall prevail.

h) Law and Jurisdiction

This Agreement will be govern and construe in all respects in accordance with the laws of Malaysia and the Parties hereto submit to the jurisdiction of the Courts of Malaysia in relation in all matters connected with or arising under this Agreement.