This Merchant User Agreement (“Agreement”) is between you, the user, together with any company or other business entity you are representing, if any (collectively, “You”), and MAD Biz Solutions Sdn Bhd. (“MAD Biz Solutions”), the company providing ecommerce marketplace platform programs branded as MAD Store that enable merchants to build online stores through which they can sell their products and services online.

This Agreement explains the terms and conditions governing your use of the MAD Biz Solution and the online marketplace, MAD Store’s technology and any other content available during your sign-up period. By clicking on the ‘I agree’ checkbox on the registration page, you have chosen to accept these terms and conditions and acknowledge that the MAD Store’s solution during this sign-up period is governed by the rules set forth below. If you do not wish to accept this agreement, do not proceed with the sign-up.

By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.

Eligibility Criteria
The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. MAD Biz Solutions uses many techniques to verify the accuracy of the information You provide when You register on the MAD Store website. If for any reason, MAD Biz Solutions, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.

1. Services
MAD Store online marketplace will include the full e-commerce store features, as listed on MAD Store website in accordance to the package you subscribe to.
1.1 There is no registration fees and monthly subscription fees in MAD Store.
1.2 Only 10% transaction fee will be charged to each sale transaction.
1.3 Merchants will be furnished a Merchant Portal to manage the store.
1.4 1 Merchant app is granted to merchant to receive notification, receive orders and manage orders.
1.5 Merchant support via WhatsApp / Email / Phone call at this number 019-9867289 is free.

2. Restrictions and Prohibitions
2.1 You are not to use the MAD Store, including, but not limited to:
• Be false, inaccurate or misleading.
• Be fraudulent or involve the sale of counterfeit or stolen items.
• Infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; MAD Biz Solution may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers.
• Violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising).
• Be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
• Display material containing pornographic material of any kind.
• Access illegally or without authorization any computers, servers, accounts or networks of MAD Store or any MAD Store merchant, or attempt to “hack” into MAD Store security systems, having MAD Store host or distribute any Internet viruses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks or disrupting others of effectively using the MAD Store online marketplace.
• Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes.
• Be harmful or potentially harmful to the MAD Store’s server structure as determined in MAD Biz Solutions’ sole discretion, including without limitation overloading the MAD Store’s server technical infrastructure.
• Involve subleasing Your account or offering “free space” on or other access to Your account or Your Store to third parties;
• Create liability for MAD Biz Solutions and its subcontractors or expose them to undue risk or otherwise engage in activities that MAD Biz Solutions, in its sole discretion, determines to be harmful to MAD Biz Solutions’ affiliates, operations, reputation, or goodwill.
• Post or disclose any personally identifying information or private information about children or any third parties without their consent or the parent’s consent, in a case for minor.
• Post or display of any materials that exploits or otherwise exploits children under age of 18 years.
• Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animal or in providing instruction/information or assistance in carrying out such violence.
• Conduct activities such as gambling, sweepstakes, raffles and lotteries.

2.2. You agree that without express consent of MAD Store (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or contents (or services related to the same) on the merchant site you create:
• Pharmaceutical or any other controlled substances.
• Illegal drugs and illegal drug contraband.
• Alcohol.
• Firearms and weapons.
• Pirated computer programs.
• Pornography or illicitly pornographic products.
• Computer software viruses or software designed to create a virus.
• Any goods which are (or Instructions on how to make) harmful, dangerous or illegal.

2.3 You agree that you will not (and will not allow any third party to) participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any MAD Store or technology; individual passwording of merchant sites; deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner), and/or fail to obtain all required permissions when using MAD Store to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.

3. Privacy
MAD Store value your privacy. We will never sell, rent, giveaway or share personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you and your business will be subject to our Privacy Policy. MAD Store uses Secure Socket Layers (SSL) to protect all your personal information (name, address etc). All credit card payment will be handled by our designated processors and MAD Store does not store any credit card details.

4. Our Rights and Obligations
4.1 MAD Store Content Changes
MAD Store reserves the right to make changes to your site if you breach any of the provisions of this Agreement with sufficient notice and reasonable time period provided to you, to rectify the infringing content (as determined by MAD Store’s sole discretion). If you fail to conform to MAD Store’s satisfaction, then MAD Store may make changes to the Merchant site to bring it in compliance with this Agreement. Merchant is not to hold MAD Store liable for any foreseeable, unforeseeable, direct, indirect consequences that may result from the changes made by our Support team to Merchant site in response to a Merchant site that breaches this Agreement. MAD Store’s decision is final and binding. Notwithstanding the above, MAD Store also reserves the right to discontinue the provision of any or all aspects to any member for any breach of this agreement.
4.2 Informing Merchants on Changes
MAD Store reserves the right to inform all Merchants regardless of their email subscription on important information such as service outages, material changes or modifications to the solution, latest development as well as changes to the Mercahnt User Agreement.

5. Termination
MAD Store reserves the right to discontinue any or all aspects or restrict your use of the solution in whole or in part for any breach of this Agreement by you at any time without prior notice; or if MAD Store determines in its sole and exclusive discretion that terminating you is necessary for security reasons, for proper continued operation of MAD Store or for whatsoever reasons deemed; or if your use of MAD Store is not for a legitimate business purpose, violating any rules or regulations; or if we receive information that the use of MAD Store (or any part thereof) may violate any third party right.

MAD Store may at any time, with five (5) days notice to you, modify or discontinue any or all aspects of the MAD Store or restrict your use of the solution in whole or in part for MAD Store’s convenience.

All rights granted to you, the Merchant, under this Agreement would be terminated upon termination of this agreement. Following such termination or suspension, you agree not to reregister for or otherwise access the MAD Store solution without our written approval. Upon termination of this Agreement, MAD Store reserves the right to delete any data files associated with your use of the MAD Store. However, you are still liable for the full charge for the period during which we terminate or suspend your MAD Store merchant account.

6. Variations to the Terms and Conditions
MAD Store may at any time, with notice of not less than thirty (30) days, change its fees and the terms of this Agreement. MAD Store will also be sending you an email informing you of the change. If you find any change unacceptable, you are free to terminate this agreement. Your continued use of the MAD Store merchant account after the effective date of a change constitutes your continued acceptance of the new terms and conditions of this Agreement, the MAD Store as well as its fee schedule.

7. Indemnification
You agree to indemnify and hold MAD Store, its suppliers, advertising and promotional partners, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys’ and expert witnesses’ fees) incurred or arising from:
• Your misuse of the MAD Store merchant (or any other MAD Store services) contrary to, prohibited and restricted under this Agreement.
• Infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Merchant site.
• Any Content generated by users of Your Store.
• Breach of this Agreement.
• Any obscene or libelous material posted on your Merchant site.
• Any claims arising from the sale or license of goods or services in Your Store.

8. Third Party Rights Violations
If complaints of a violation of third party rights arise with regards to your Merchant site, then MAD Store will have to investigate on the validity of the complaints. If the complaint is valid, then the issue will have to be dealt with accordingly and it will be considered a breach of this Agreement.

9. Proprietary Rights
As between the parties, MAD Store acknowledges that it claims no proprietary rights in Merchant’s information or any intellectual property right contained therein. As between parties, you, the Merchant, acknowledge and agree that MAD Store and its licensors own all right, title and interest in:
• The MAD Store
• Any other MAD Biz Solutions’ solution
• The technology available on the MAD Store solution
• And all content, including but not limited to text, software, music, photographs, video, graphics, or other material contained or maintained on the MAD Store solution, excluding all Merchant information.
You agree also that the content and technology behind the MAD Store solution is protected by international copyrights, trademarks, service marks, patent, or other proprietary rights and laws; which means that you are only allowed to use MAD Store content and technology only as expressly authorized by MAD Biz Solutions and its licensors. You should understand and agree that the compilation, collection, selection, arrangement, assembly and coordination of all content available on the MAD Store solution are exclusive property of MAD Biz Solutions and its licensors and it is rights protected. Therefore, unless expressly authorized by MAD Biz Solutions, you may strictly only use it for your internal business and data-gathering purposes.

10. Disclaimer Of Warranties
Mad biz solutions, its suppliers and service providers, provide the software, additional software, and services, on an “as is” basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Mad biz solutions, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. You acknowledge and agree that this section 10 is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different.

11. Limitation of liability
In no event shall mad biz solutions, its suppliers, advertising and promotional partners, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence).

12. Disclaimers
MAD Store and the Merchant are two (2) separate entities; therefore opinions and views expressed in any Merchant site do not reflect that of MAD Store. We do verify, vouch, review or otherwise endorse the content on any Merchant site. The Merchant is solely responsible for the content and everything else contained on their own site. Merchants may be held legally liable for the contents of their site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner.

MAD Store is not responsible for the delivery or quality of any goods or services sold or advertised through the Merchant site.

MAD Store makes no other warranties or representations of any kind with respect to the MAD Store merchant solution. No warranty is given that the MAD Store or technology is error-free.

MAD Store does not guarantee that its security procedures taken will prevent the loss of, alteration of, or improper access to your information. MAD Store and its licensors are in no way responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried over inter exchange carriers’, local exchange carriers, or other providers’ facilities.

The content (text and graphics) appearing on MAD Store website may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of the MAD Store solution and technology. MAD Store may provide links to other websites or resources. You acknowledge and agree that MAD Store is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites and resources. You also agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with use of or reliance on any such content, goods or services available on such external third-party sites.

13. Use of Resources
Each MAD Store merchant will utilize system and server resources such as memory, CPU, bandwidth etc. For standard plan there is a maximum memory utilization strictly up to 200MB per MAD Store merchant.

14. Disclosures
The services hereunder are offered by MAD Biz Solutions Sdn Bhd, located at N-6-05, Gamuda Biz Suite, 12, Jalan Anggerik Vanilla, 31/99, Kota Kemuning, 40460 Shah Alam Selangor, Malaysia.

15. Assignment
You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by MAD Biz Solutions Sdn. Bhd., in our sole discretion.

16. Governing Law
In the event of a dispute, MAD Store agrees to a friendly mediation to resolve it. If mediation is not successful, then we agree to binding arbitration to be conducted in Kuala Lumpur, Malaysia. This agreement shall be governed by and construed according to the laws and jurisdiction of the country of Malaysia.

17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, Your Content, and Your listing and sale of products and services on Your Store.

18. No Agency
You and MAD Store are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

19. Force Majeure
Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

20. Miscellaneous
This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.