Terms and Conditions for Sellers/Vendors (RCM Hub Marketplace)
These Terms and Conditions set forth the legally binding terms and conditions for your use of Our Platform and the Services.
Last updated: 2022-01-13
Acceptance of Terms and Conditions
- This Terms and Conditions applicable to sellers/vendors using RCM Hub Marketplace.
- These terms and conditions are the contract between you and RedCili Media (NS0246566-W : “us”, “we”, etc).
- RCM Hub Marketplace is a trade name of RedCili Media.
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- These Terms and Conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
A. RCM Hub Marketplace
RCM Hub Marketplace is a marketplace that allows users (third party sellers) to sell and buy products or services (if applicable) in a live marketplace on Our Platform. A seller is a party that lists and sells a product on the platform, and a buyer is a party that buys a product from RCM Hub Marketplace using the Services. Sellers’ products will be made available for sale on all of our Sites and mobile applications.
However, we may also provide our own products or services using the same or different platform. As a result it does not bind by these Terms and Conditions for Sellers/Vendors as we have our own legal contract with customers. Please pay particularly close attention to our listing and purchase conditions and shipping policies, as described in our Legal Page if the matters arised in the future.
“Content” – means the textual, visual or audio content that is encountered as part of your experience on Our Platform. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material posted by you.
“Our Platform” – means any website of RCM Hub Marketplace, and includes all web pages controlled by us.
“Post” – means place on or into Our Platform any Content or material of any sort by any means.
“Product” – means any item offered for sale by you on Our Platform, whether physical goods or downloads.
“Services” – means all of the services available from Our Platform, whether free or charged.
C. Our Contract
1. The relationship between us is solely that:
- In consideration of a fee/commission charged by us, we provide for you an Internet market place as an arm’s length contractor.
- We act as your agent solely in the collection of money paid by your buyer.
- We are not partners or joint ventures.
2. If you place a Product for sale on Our Platform, you do so subject to these terms.
- When you place a Product on Our Platform, you will be bound to provide all the information required by the Malaysia Consumer Protection Act (CPA) 1999 (or Act 599) and/or their Amendments.
- Although we are not a party to your contract with a buyer introduced to you via Our Platform, we may remove your Products from offer if a customer or Our Platform visitor has a valid complaint against you.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Platform at the time that the contract was made.
- Subject to this agreement and to the procedures set out on Our Platform, you may enter a Product for sale through Our Platform.
3. The Service are intended for use only by persons based on :
- who are at least 18 years of age and you confirm that you meet this requirement. If you are under the age of 18, you have received permission from your parent or guardian before using the Service.
- buyers and sellers must create an account to purchase or sell items on Our Platform. Buyers and sellers can delete or deactivate their account at any time without any.
4. Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, RCM Hub Marketplace has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. Any actual contract for sale is directly between the applicable sellers and buyers.
D. Your Product Placement
You agree that you will:
1. Not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
2. Not re-place any Product we remove from offer for sale.
1. We offer Free Standard Shipping within Malaysia and you must make sure your product’s price cover for shipping fees.
2. You must also set up your own Express and International Shipping rates from you Seller Dashboard. You can access a step by step guide on how to do this in the Guide for Seller page.
3. Deliveries of hard copy and physical products are made from your premises/ warehouse, by post or by a carrier instructed by you; subject to the contract between you and your customer.
4. Notification of order fulfilment will be automatically sent to the customer by adding a tracking number and marking the order as fulfilled.
5. If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Platform, you must investigate within 48 HOURS and inform the customer that you are doing so, you need to either provide additional tracking details or offer a resolution, such as a replacement or a refund.
6. If the buyer got their item but it’s faulty, damaged, or doesn’t match the listing description, you will need to work with them to resolve their issue according to your Shipping Policy. If they changed their mind, how you can respond (and who pays for return shipping) depends on your return policy.
F. Product Returns
1. Consumers have a legal right to obtain a refund from a business for goods purchased if the goods are faulty, not fit for purpose or don’t match the description. You MAY NOT include information in your listing or return policy which may mislead buyers about their rights. You must advise buyers that they may have rights under the Malaysian Consumer Law.
2. If the buyer is requesting to return an item for “change of mind” (or “remorse”) reasons, your return policy will apply – including which party is responsible for return postage costs. You may at your discretion accept or deny a remorse return request if it falls outside your return policy.
3. You acknowledge that we may automate some aspects of the returns process, if no reply is received to a return request within 48 hours. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any returns where a buyer and seller cannot come to agreement.
You agree that you will:
- try you best to reply to the buyer within 48 hours to any return claims or disputes, if no response is received within 48 hours, RCM Hub Marketplace will have to step in to find a solution.
- comply with the law relating to the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns (according to your policy). You can set your own returns and refunds policy from you Seller Panel.
- when you have an obligation to return money to a customer for any reason, you will do so as provided by your returns & refunds policy.
- in the event that a Product ordered is not available, you must tell your customer and offer a replacement product or refund any money paid.
- comply with the RCM Hub Marketplace procedures relating to satisfaction of an order.
- provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
G. Selling Procedure
1. When setting up your shop, it is important that you set up your own terms and conditions for buyers, such as return & refund policy. You can do this from your Seller Dashboard, just go to your account settings and you will find your shop policy section. It’s important that you clearly specify the terms and conditions of the sale in your listing so that buyers know what to expect.
2. Please make sure to include the following details in your listing: Return policy; Shipping method, costs, and other information;
Taxes and any applicable government imposed fees and also
Terms of the transaction.
3. RCM Hub Marketplace is not responsible for the fulfilment of your contract to sell a Product.
4. You will receive a message by email at the time of each sale, providing full information about that sale.
5. You agree to tell us, through your Seller Dashboard, if at any time your supply is exhausted.
- Once a purchase is made, the funds will not be released to the seller until the buyer has clicked on ‘Clarification/Received’.
- Inauthentic items, orders that did not arrive and items not as the condition described will be refunded with the processing fee – your satisfaction, guaranteed.
- Every buy/sell deal on Our Platform is covered by Stripe Payment System. If the System cannot determine and iron out your claim, our dedicated team will review the case and provide a resolution, once an official Police Report is completed.
- Buyers/Sellers that seen a listing with suspicious characteristics – suspect a fake/inauthentic item, etc. Please do report the listing and notify our team of moderators. We take every report and will review them seriously.
- Prices include a processing fee, applicable import duties and delivery cost. The delivery cost and processing fee will be shown at checkout. Items ordered will be at your risk from the time of delivery or collection (as the case may be).
- In general, we charge your payment method immediately upon purchase. You will not receive any interest on the purchase amount while the transaction is being fulfilled. You might be required to pay certain fees as described when placing your Order, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), RedCili Media reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of buyer’s Order from the Services; (ii) cancel any or all of buyer’s orders pending through the Services; (iii) withhold refunds or payments due to buyer; (iv) place limits on buyer’s buying and selling privileges; (v) charge buyer’s payment method for costs, expenses and fees incurred by Our Platform as a result of buyer’s action or inaction; and (vi) temporarily or permanently suspend buyer’s account.
- A solid feedback process enhances the experiences for users of Our Platform which allows sellers to build their reputation.
- Sellers can rely on the support team to administer guidance to grant a fair and efficient solution throughout the dispute.
- Prices include a processing fee, applicable import duties and delivery cost. The delivery cost and processing fee will be shown at checkout. Items ordered will be at your risk from the time of delivery or collection (as the case may be).
- Transaction completed on the site and all buyer/seller communication regarding the any deals must be done through the Our Platform via the site moderators. Any deals done outside of the platform, will be at your own risk and will null RedCili Media of any responsibility regarding the deal.
- A buyer may place Order on an item for sale through the Services. When the Order has been accepted by the System, the buyer is obligated to pay for that item.
- All the refund cases for the sellers will incur the cost of the processing fee from the total amount.
- A Seller may decide in its sole discretion whether to Accept Payment or Reject Payment.
ALL SALES ARE FINAL ONCE THE ITEM IS AUTHENTICATED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM, UNLESS PROVIDED UNDER THE APPLICABLE LAW.
H. Goods and Services Tax (if Applicable)
1. Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items on Our Platform. For more information about your tax obligations, please contact the Malaysian Taxation Office.
2. In any jurisdiction where RCM Hub Marketplace has an obligation to collect tax on consumer purchases:
- RCM Hub Marketplace may add the applicable tax to the item price displayed to the buyer;
- RCM Hub Marketplace will display the tax amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
- RCM Hub Marketplace will collect this amount via any means available to us and remit the tax to the relevant authority.
3. As a Seller, you acknowledge and agree that where RCM Hub Marketplace has an obligation to collect tax on consumer purchases and that we may not report tax collected to you.
I. Our Commission and Payment to You
1. Joining RCM Hub Marketplace as a Seller and posting items for sale is free. We do retain a proportion of each sale, which at the moment is 8%, this amount may change at any time, but you will be informed by email if any changes are made.
2. We sell your Products at the price you place on it, subject to these terms and also the requirements we set out on Our Platform from time to time.
3. Our fees and commissions are payable on demand. You irrevocably authorize us to deduct them from sums paid to us by your buyer.
4. Our Platform selling system is an automated system which can be followed by you through a ” Vendor control panel”.
5. We will pay you within 5-14 working days of confirmed dispatch of order (depending on how long it takes for payments made on the website to reach our accounts).
6. A buyer may from time to time use discount vouchers/ codes, this total may be discounted from the total pay-out figure to the seller.
7. If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
8. If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
9. If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
J. Advertising Your Product
If you accept our offer to advertise market or promote your Product, the following conditions apply.
- We may use the services of a specialist Internet marketing business associated with RCM Hub Marketplace.
- Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
- The price charged to you will include all payments we make to others.
- We give no guarantee as to the success of any advertising placed.
- We might post your products information including images and videos on our social media platforms.
K. Your Product Warranties
1. You warrant that any Product you place on Our Platform for sale:
- is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy;
- infringing of intellectual property rights, or otherwise injurious to any third party;
- does not offend against the law of any country whose citizens might purchase it;
- you warrant that you own the copyright of any Content you place on Our Platform for sale, or that you have the permission of the copyright owner:
- to enter or upload that Content;
- to receive the net proceeds of such sales as arise.
L. How We Handle Your Content
1. If you post content to any public area of Our Platform it will be available in the public domain. We have no control over who sees it or what anyone does with it.
You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Platform, even though it may be defamatory or critical. If you have a problem with feedback or you think it is not true, please contact us at email@example.com.
2. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we cannot protect your rights.
3. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you.
4. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us right away of any security breach or unauthorized use of your account.
Code of Behavior
Our aim is to ensure the users has a remarkable experience. Our Code of behavior is in direct support of this goal and is stated as below:
- We have a zero-tolerance policy towards selling fake or replica items.
- Keep your listings honest and accurate. Make sure to highlight any flaws or distinctive details.
- All purchases must go through Our Platform. Soliciting users to other platforms, or attempting to “avoid the fee” by transacting outside the platform, is strictly prohibited.
- Purchasing through Our Platform ensures the transaction is eligible for STRIPE Payment System which enables us to help you if something goes wrong.
- Respect the RedCili Media team. Listings are modified at their discretion.
- Do send/ship goods sold in a timely manner, ideally within 48 hours and no longer than 3 days after purchase. Add the courier tracking number to your sale and to update buyers and remain in good standing.
- Activity meant to impersonate an individual or organization is prohibited. Any attempts to misrepresent yourself as an employee of RedCili Media is a zero-tolerance violation.
M. Using Our Platform
1. We invite you to Post Content to Our Platform for [marketing your products and services and in other ways]. We have to regulate your use of Our Platform to protect our business and our staff, to protect other users of Our Platform and to comply with the law.
2. While using Our Platform, you will not:
- be unlawful, or tend to incite another person to commit a crime;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- infringe any laws, third party rights or our policies;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- use a Posting to solicit responses unconnected with the purpose of Our Platform or the terms proposed by this agreement.
- sell on Our Platform if you are not able to form legally binding contracts, are under the age of 18 or are suspended from selling on Our Platform.
- circumvent or manipulate our fee structure, the billing process, or fees owed to RCM Hub Marketplace.
- distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.
- distribute viruses or any other technologies that may harm Our Platform or the interests or property of RCM Hub Marketplace users.
- harvest or otherwise collect information about users, including email addresses, without their consent. Offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of RCM Hub Marketplace, you may be liable to pay a commission fee applicable to that item.
N. Your Posting: Restricted Content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
1. Security of Our Platform
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Platform, or any software used within it.
- link to Our Platform in any way that would cause the appearance or presentation of Our Platform to be different from what would be seen by a user who accessed Our Platform by typing the URL into a standard browser.
- download any part of Our Platform, without our express written consent.
- share with a third party any login credentials to Our Platform.
2. Copyright and Other Intellectual Property Rights
- All content on Our Platform, is the property of either us, our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
- You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
- For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text. If you would like to use any of our logos or graphics, please send us an email to firstname.lastname@example.org
O. Interruption to the Service
1. We give no warranty that the Service will be satisfactory to you.
We will do all we can to maintain access to Our Platform, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
2. We may inform you in the Seller Dashboard message section or through email for any scheduled maintenance.
3. You acknowledge that our Service may also be interrupted for reasons beyond our control. 4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
P. Trading on RCM Hub Marketplace and Limitation of Liability
1. While we try our best to maintain a safe trading environment, you accept that there are unfortunately sometimes risks when trading online and using Our Platform, including dealing with fraudulent people.
2. You will not hold RCM Hub Marketplace responsible for other users’ content, actions or inactions, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
3. You acknowledge that Our Platform is a venue to allow anyone to sell, and buy products, at any time, from anywhere, in a variety of pricing formats and locations.
4. We have no control over the ability of buyers to pay for items or that a buyer will actually complete a transaction.
5. You must ensure that you comply with your obligations and are aware of any laws relevant to you as a vendor.
6. You alone, and not RCM Hub Marketplace, are responsible for ensuring that your listing, selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Malaysia and other countries. You must also ensure that you strictly comply with this Contract and the policies which form part of the Contract.
7. We do not take ownership of the items at any time and do not transfer legal ownership of items from the vendor to the buyer.
8. We cannot guarantee continuous or secure access to Our Platform, and the operation may be interfered with by numerous factors outside of our control.
9. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use Our Platform or services.
9. Our Platform and Services are provided “as is”.
10. As to Our Platform and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
- as to fitness of Our Platform and Service for a particular purpose;
- as to availability and accessibility, without interruption, or without error;
- any obligation, liability, or remedy in tort whether or not arising from our negligence.
11. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Contract, or your infringement of any law or the rights of a third party in the course of using Our Platform.
R. Miscellaneous Matters
1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
2. If you are in breach of any term of this contract, we may:
- terminate your account and refuse access to Our Platform;
- remove or edit Content, or cancel any order at our discretion.
3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
5. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
6. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
8. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
1. Entire Agreement and Severability – These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of Our Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
2. Force Majeure – We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
3. Assignment – These Terms and Conditions are personal to you, and are not assignable, transferable or sub licensee by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
4. Agency – No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
5. Notices – Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized delivery service.
6. No Waiver – Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
7. Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
You may download these Terms and Conditions for Sellers/Vendors in pdf format : Download Here.