8excites Merchant Terms & Conditions
In these Terms “You” means the Merchant as detailed in the 8excites Merchant Registration Form. You and 8excites shall be collectively referred to as the ‘Parties’. By signing-up as an 8excites Merchant you agree to be bound by the following terms and conditions governing the 8excites Merchant Programme.
1. Use of the 8excites Services
- By signing up as a Merchant, you will have access to the 8excites Services including the right to use and manage your Merchant business sites/Merchant profile portal to manage Users of 8excites as well as to promote the 8excites Services to such Users.
- 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.
- Should you wish to subscribe to analytic services to enhance your use of the 8excite 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 firstname.lastname@example.org for further information.
2. Excites Points
The Excites Points terms applicable to you are set out in the Annex. Any error on your part or the part of your representatives/employees in logging the relevant 8excites points pursuant to your participation in the 8excites Merchant Programme shall be your full responsibility and we exclude any and all liability for such erroneous input.
3. Tenure, Termination & Suspension
- The Tenure of your participation in the 8excites Merchant Participation is set out in the Annex. Any changes to such Tenure will be informed to you by 8excites and mutually agreed upon between the Parties.
- Notwithstanding anything set out herein, your participation in the 8excites Merchant Programme shall cease immediately (i) in the event of a termination of this Agreement in pursuant to clause 3c as stated hereof; or (ii) the expiry of the Tenure or any extended Tenure as agreed by the Parties.
- 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.
4. Charges and Commissions
- The charges/commissions applicable for your participation as an 8excites Merchant are set out in the Annex.
- 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.
- Any exchange rates applicable for any charges/commissions applicable to you under this Agreement shall be based on the current prevailing market rates.
- We may provide you with devices (e.g. dongles, iPads, etc) as a Merchant of the 8excites Merchant Programme. Such devices shall remain the exclusive property of 8excites.
- 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.
- To the maximum extent as permitted by applicable law, in no event will 8excites 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 8excites.
- 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.
6. Promotions and Marketing Activities
- 8excites shall carry out promotion and marketing activities on 8excites throughout the Tenure to promote 8excites to members or the public.
- 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.
- 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 8excites shall be subject always to our express prior written approval.
7. Other Web Sites And Services
- We do not claim any responsibility for the content of any website or service linked to or from 8excites, including the information contained within them.
- In the event you click on a link or service from 8excites, please note that you do so 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 is done at your own risk.
8. Personal Data
- You acknowledge and agree to adhere to the terms of the relevant personal data protection legislation in place in your jurisdiction.
- You hereby acknowledge that you will process the personal data on 8excites solely for the purpose of the 8excites Merchant Programme only and in accordance with our instructions.
- You shall comply with any applicable laws and regulations pertaining to the protection of the personal data of the users of 8excites by implementing practical technical and organizational measures to protect the personal data of the users of 8excites against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction.
- You shall immediately inform us in writing if you become aware that the personal data of any user of 8excites 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.
- You shall notify us immediately if an 8excites user makes a request to you to amend and/or edit details of their particulars.
- You shall take all practical precautions to protect the personal data of the users of 8excites from unauthorized access, deletion, corruption or damage whether by way of action and/or inaction by you, your employees, agents and/or servants.
- 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 8excites which renders us liable for any costs, fines, damages, claims or expenses incurred due to your default, negligence, error or omission.
9. Intellectual property
- Nothing in this Agreement entitles you to use the 8excites name, website, applications, logos and trade marks or any of our intellectual property rights.
- All intellectual property rights pertaining to 8excites, its related services, website, the 8excutes 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.
- You hereby grant to us and our affiliates a world-wide, non-exclusive, royalty-free license (with full right to sublicense) to use, publish, display, reproduce, exploit, modify, alter, integrate, make available, merge, decompile or 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.
- You shall hold harmless and further indemnify us, our directors, employees and agents 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 the your materials in providing the services set out herein.
- You agree to take all reasonable precautions to prevent any fraudulent transaction and/or activity affecting or in relation to the 8excites Merchant Programme.
- 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.
- 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.
Limitation of liability
Notwithstanding anything set out herein, our maximum aggregate liability to you shall be limited to RM1,000.00 only for any claims arising out of or in respect of any default by us under this Agreement.
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.
Terms and Conditions
We shall be entitled to amend the Terms and in this Agreement at any time at our sole discretion.
This Agreement shall be binding upon the successors-in-title and the permitted assignees or transferees of the Parties hereto.
All notices under the 8excites Merchant Programme shall be made in writing and sent to the address of the Parties given in the 8excites Merchant Registration form.
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.
Law and Jurisdiction
This Agreement shall be governed and construed 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.