MERCHANT AGREEMENT

INTRODUCTION
These are the terms and conditions on which we operate Bazaar Kita
Please read these terms carefully before you use Bazaar Kita. These terms tell you who we are, how Bazaar Kita is operated and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

These terms and conditions (the “Terms”) incorporate and should be read in conjunction with our Data Protection Notice. Our Data Protection Notice informs you as to how we look after your personal data when you use Bazaar Kita and tells you about your privacy rights and how the law protects you.
We may occasionally release new services for Bazaar Kita, including new tools and features. Your use of new services will be governed by these Terms from the moment they become available.

These Terms govern the relationship and, together with the information you provide to us, form a legally binding agreement between you and us. These Terms and our Data Protection Notice set out your rights and obligations in respect of Bazaar Kita. Please read them carefully before using Bazaar Kita If you do not agree with these Terms, you must stop using Bazaar Kita immediately.
We may occasionally update these Terms and we will notify you by posting a prominent notice on Bazaar Kita where we do so in a significant way. By using Bazaar Kita, you agree to be legally bound by these Terms as updated from time to time.

DEFINITIONS AND INTERPRETATION
“Platform” means Bazaar Kita, an aggregator platform launched as part of a Ramadhan initiative, in partnership with Wisma Geylang Serai
“Merchants” means a company or other organisation which has signed up with Bazaar Kita and are eligible to use the services available on Bazaar Kita.
“Partner Platforms” means companies which provide online marketplace services, as well as all the ancillary services related to it (e.g.. payment, logistics, listing etc).

INFORMATION ABOUT US AND HOW TO CONTACT US
We are SMCCI Enterprise Pte Ltd, a company registered in Singapore with UEN No. 201941929Z
You can contact us by telephoning our customer service team at (65) 6297 9296 / (65) 9665 1222 or by writing to us at sitirabaah@smcci.org.sg/ nurfarhanahjasni@smcci.org.sg or visit our office at 15 Jalan Pinang, 199147
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us

REGISTRATION
You may access certain parts of Bazaar Kita without creating an account. In this case, you will nonetheless be bound by these Terms.
You will need to register with us in order to participate in the Ramadhan 2021 campaign and certain other services available on Bazaar Kita. You can initiate the registration process via a clearly marked button on the home page of Bazaar Kita.
Approval of registration applications is solely at SMCCI’s discretion.
By applying for registration on Bazaar Kita you are warranting to us that:
you are at least 18 years old;
you have not previously had a registration application declined or account involuntarily terminated;
you do not already have an account for Bazaar Kita; and
you are using Bazaar Kita for commercial purposes only and not in your capacity as a consumer.
Registration applications must be made using your corporate email address from the organisation you represent.
We may restrict your access to Bazaar Kita to such parts as are relevant to your sign-up package.
You must keep your login details confidential and must not allow anybody else to access your account.
You are solely responsible and liable for all activities undertaken by your account.
If you submit inaccurate information to Bazaar Kita, we may suspend or terminate your account.
We may suspend or terminate any accounts which we deem to be in violation of any of these Terms.
You may terminate your account voluntarily by contacting (insert email).
When your account is terminated, your personal information shall be deleted.

BAZAAR KITA USE
You may not:
use Bazaar Kita in any improper or unlawful manner or for improper or unlawful purposes;
act in a manner that would cause damage to SMCCI, its partners and stakeholders, as well as other Merchants
You must comply with any instructions that we give regarding your use of Bazaar Kita.
You are responsible for the actions of any person logging into Bazaar Kita using your account details.
You may not post or submit any content to Bazaar Kita which:
is discriminatory, racially offensive, abusive, offensive, threatening, intimidating, inaccurate, incomplete, obscene, profane, sexually explicit, harassing or illegal;
infringes any other person’s rights, including Intellectual Property Rights and right of privacy;
is inaccurate, misleading, untruthful or defamatory;
contains information, images, portraits, photographs, videos or audio of any other person without their consent;
contains any information which can be used to identify you, including your name, address, contact information or details of your employer except where clearly permitted on Bazaar Kita;
is intended to solicit or obtain information about another Merchant
contains advertising or promotional content except where clearly permitted on Bazaar Kita;
contains a link to illegal or inappropriate material (e.g. Goods/services or incongruent to the campaign and its target consumer base); or
Bazaar Kita is for commercial use only. It may not be used by individuals in their capacity as consumers.
Merchants should report any suspected misuse of Bazaar Kita to
sitirabaah@smcci.org.sg or nurfarhanahjasni@smcci.org.sg )

ADVERTISING ON BAZAAR KITA
Bazaar Kita can host relevant display advertising on Bazaar Kita’s home page and certain inside pages. Prices, layout options, specifications and submission information are provided on a rate card which is available on request.
You are responsible for your advertisement and we will have no liability for any content submitted by you. You warrant that your advertisement is accurate and fair and does not include unlawful or other prohibited content. You must promptly request removal or modification of your advertisement if it ceases to conform with these requirements during its booked period.
We may remove or refuse to accept any advertisement that we deem inappropriate or incompatible with these Terms, not relevant to Bazaar Kita’s target customer base, of poor quality, or for any other reason. Our decision in this regard shall be final.
Details of the position, publication date, duration and pricing of your advertisement shall be agreed between you and Bazaar Kita by email and shall be binding.
To allow time for Bazaar Kita to review and approve your advertisement you must email artwork and associated links to us a minimum of five working days before the agreed date of publication. Late submission may result in delayed publication.
Merchants will be invoiced for their advertisement on the day of publication and full payment is due within 14 days. We reserve the right to remove your advertisement from Bazaar Kita in the event of late payment.
Merchants may request that their advertisement is removed from Bazaar Kita before the end of its booked duration but no refund will be given for the remaining balance of the booking.

INTELLECTUAL PROPERTY
All Intellectual Property Rights in and to Bazaar Kita shall remain our property, with the exception of Merchant submitted content containing that Merchant’s Intellectual Property Rights.
Where you upload any content containing your Intellectual Property Rights to Bazaar Kita, you grant us the indefinite right to reproduce, display, modify, manage, distribute and store your Intellectual Property Rights as part of, or promotion for, Bazaar Kita. We are under no obligation to compensate you for any use we make of your Intellectual Property Rights under these Terms.
If you print off, copy or download any part of Bazaar Kita in breach of these Terms, your right to use Bazaar Kita will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
Subject to paragraph 7.1, we will not be liable to you, whether in contract, delict, tort, breach of statutory duty, or otherwise in connection with these Terms for:
loss of profits;
loss of sale or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss or damage to goodwill; and
any indirect or consequential loss.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to Bazaar Kita.
Where permitted by law, we shall have no liability to you in respect of your use of Bazaar Kita.

PARTNER PLATFORMS
Bazaar Kita works with Partner Platforms to fulfil marketplace services to our Merchants.
Merchants agree that Bazaar Kita will take a fee for every transaction to take place on the dedicated campaigns on our Partner Platforms, during the campaign period. This fee is independent of the prevailing rates inherently charged by the Partner Platform.
Bazaar Kita assumes no responsibility for the conduct of other Clients or the content of websites linked to on Bazaar Kita. Links to websites should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage arising from your use of linked websites.
You acknowledge and agree that Bazaar Kita’s Partner Platforms and associated services are provided by our Partner Platforms and not by us. We have no control over, nor do we accept any responsibility or liability for, any issues you may encounter with them. Notwithstanding, the project team will do its level best to work with our Partner Platforms
We do not guarantee that our Partner Platforms will always be available or error free, that defects will be corrected, or that the Partner Platform or the server that makes it available are or will be always free of viruses or other harmful components.
We reserve the right to withdraw or discontinue our relationship with our Partner Platforms at any time at our sole discretion.

LINKING TO BAZAAR KITA
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Bazaar Kita reserves the right to withdraw linking permission without notice.

CONFIDENTIALITY
You undertake that you will not at any time disclose to any person any confidential information about Bazaar Kita or our business, affairs, Clients or suppliers.
For the avoidance of doubt, the existence and purpose of Bazaar Kita shall not be considered as confidential information for the purpose of paragraph 10.1.

APPLICABLE LAW
12.1 These Terms, their subject matter and their formation (and any non-contractual

disputes or claims) are governed by the laws of the republic of Singapore.

DISPUTE RESOLUTION
Any dispute arising out of or in connection with this term sheet, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators and shall be appointed in accordance with the SIAC Rules. The arbitration shall be conducted in English. The arbitral decision shall be final and binding on the Parties