Terms of Use

Effective Date: 1 October 2020

Welcome to the Bullmart Platform

  1. Introduction
    • 1.1. These Terms of Use (this “Agreement”) is a binding agreement between you and Bullmart (hereinafter referred to as “Bullmart”, “we”, “us” or “our”, as the case may be). Bullmart is owned and operated by Bullmart Sdn Bhd (Company No. 202001005290 (1361610-A)).
    • 1.2. This Agreement governs and regulates your:
      • 1.2.1. access to and use of services, products, online facilities, tools, functions, features, software or any Content (as hereinafter defined in Clause 4.2) made available by us (“Services”); and
      • 1.2.2. order, purchase, referral or acquisition of any products, merchandises, goods or services (“Products”) made available by the service providers, merchants, vendors, sellers, partners, distributors or resellers (collectively, “Vendors”), through our website www.bullmart.com, mobile sites and mobile applications (the “Platform”).  
  • 1.3 Please read and understand this Agreement carefully before continuing to use the platform as it contains important information regarding your legal rights and remedies. This Agreement should be read in conjunction with our Privacy Policy.
  1. Consent
    • 2.1. By clicking “sign-in”, “create account”, or “submit order” and entering, connecting to and accessing or using the platform, you:
      • 2.1.1. acknowledge that you have read and understood this Agreement;
      • 2.1.2. represent that you are of legal age to enter into a binding agreement; and
      • 2.1.3. accept this Agreement and agree that you are legally bound by its terms.
    • 2.2. We reserve the right, in our sole and absolute discretion, to modify, vary, amend, change and/or update this Agreement, and any rules, policies or agreements which are incorporated herein and/or listed on the platform at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the platform, or by emailing the updated agreement to you). Such modifications, variations, amendments, changes and/or updates to this Agreement shall be effective upon the posting of an updated version on the platform. You agree that it shall be your responsibility to review this Agreement regularly to ensure your understanding of this Agreement is current and you understand the terms and conditions that apply to your connection and access to, and use of, the platform.
    • 2.3. Your non-termination, continued access to or use of the platform in any way, including browsing the platform after the effective date of any modifications, variations, amendments, changes and/or updates constitutes your acceptance of, and agreement to be bound by, the revised Agreement.
    • 2.4. If you do not agree to this Agreement or with any subsequent modifications, variations, amendments, changes and/or updates, you must not connect to, access or use the platform. If you have any questions regarding this Agreement, please consult a professional legal advisor.

  2. Representations, Identification and Authorisation of User Account
    • 3.1. In order to access some of the features and services on the platform, you would have to create and sign up for an account (“User Account”) with us. The User Account facilitates the administration of your access to the Services and products on the platform. You may also have the option to register for an account by linking your Facebook, Google, or WeChat account.
    • 3.2. You may only register one User Account on the platform. Bullmart may cancel or terminate a User Account if Bullmart has reasons to suspect that a user has concurrently registered or is in control of two or more User Accounts, whether through the use of different details, email addresses, personal contact information, or otherwise. Further, Bullmart may reject a user’s application for registration for any reason.
    • 3.3. You may only use the services on the platform and/or open a User Account if you are located in one of our approved countries, as updated from time to time.
    • 3.4. By using the platform, you expressly represent and warrant that (a) you are legally entitled to accept and agree to this Agreement; (b) you are at least eighteen (18) years old; (c) you have not previously been suspended or removed from the platform; (d) your registration of the User Account and your use of the platform are in compliance with all applicable laws and regulations; and (e) if you are a business entity, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
    • 3.5. Without limiting the generality of the foregoing, the platform is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to open a User Account on the platform. If you do not know whether you have reached the legal age, or do not understand this section, please do not create a User Account until you have asked your parent(s) or legal guardian(s) for help. If you are the parent or legal guardian of a minor who is creating a User Account, you must accept and comply with this Agreement on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the platform and/or services or purchases made on the platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using or accessing the platform.
    • 3.6. If you are a business entity, you may also be required to provide information or material about your entity, business or products or services as part of the registration process on the platform for your access to and use of any Services or the User Account.
    • 3.7. You confirm that all the personal data and contact details in relation to your identity whether submitted during the registration process or thereafter throughout the continuation of the use of the platform is accurate, up to date, not misleading, and complete at all times; and that you will keep your account information accurate, up to date, not misleading and complete at all times. If we have reason to believe that your account information is untrue, inaccurate, out of date, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account, withdraw any subsidies offered to you, cancel any transactions associated with your User Account and ID, temporarily withhold any sale proceeds or refunds, suspend your right to participate in any cashback and/or referral program offered by the platform, or take any other actions as we may deem necessary or appropriate in our sole and absolute discretion by giving you notice in writing to the email address maintained in your User Account.
    • 3.8. You agree to provide us with all required documentation or information upon request through the platform for us to comply with our internal policies, any applicable laws or guidelines or for any other reason as we may consider necessary or desirable from time to time.
    • 3.9. By using the platform, you agree that:
  • 3.9.1. you will only use the platform for lawful purposes;
  • 3.9.2. you will not permit or enable third parties to access or use your User Account;
  • 3.9.3. you will not assign, transfer or otherwise render accessible your User Account to any other person;
  • 3.9.4. you will not use the User Account of a third-party;
  • 3.9.5. you will comply with all relevant legislation when using the platform, and you will only use the platform for the purpose for which it is intended to be used;
  • 3.9.6. you will not use the platform to cause annoyance or disruption to other users;
  • 3.9.7. you will not impede the correct operation of the network to our platform;
  • 3.9.8. you will provide us with proof of identity as we may reasonably request or require;
  • 3.9.9. you will provide accurate, current and complete information as required for the platform and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times;
  • 3.9.10. you will not fail to pay for products purchased by you unless you have a valid reason as set out in our policies (including this Agreement);
  • 3.9.11. fail to deliver products sold by you, unless you have a valid reason as set out in our policies (including this Agreement);
  • 3.9.12. you will not manipulate the price of any item or interfere with any other user’s listings;
  • 3.9.13. you will not take any action that may undermine the feedback or rating systems; and/or
  • 3.9.14. if you are a Vendor, you will not offer or reference your contact information or ask a buyer, shopper, consumer, user or customer (“Customer”) for their contact information in the context of buying or selling or provision of services outside of the platform.
  • 3.10 You understand that in order to be entitled to participate in any referral and cashback program offered by us on the platform (including the Bullcoins reward system), you are required to verify your identification with us, failing which the referral and/or cashback to be awarded to you will be withheld by us, pending verification of your identity.
  • 3.11. By using the platform, you further represent and warrant that you have the right, authority and capacity to use the platform. You agree that in the event you are the authorised representative of an individual, partnership, agent, sole proprietor, company or entity, you (a) have obtained the lawful authority via written authorisation or consent from such individual, partnership, agent, sole proprietor, company or entity; and (b) agree to be bound by this Agreement on behalf of that individual, partnership, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third-party, individual, partnership, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to us.
  • 3.12. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such individual, partnership, agent, sole proprietor, company or entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment and contract performance obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right to (but undertake no duty to) require additional authentication from you.
  • 3.13. A set of a user ID and password is unique to a User Account, and you should take all necessary steps to ensure that your user ID and password for the User Account are kept confidential and secure at all times from third parties, including but not limited to, not disclosing or cause to be disclosed your user ID and password through any means, and by restricting access to any device(s) linked to your use of the platform, including but not limited to, computers, laptops and any mobile device owned by you or any third-party. You must ensure that you log out from your account at the end of each session on the platform. Further, you should inform us immediately if you have any reason to believe that your user ID or password for the User Account has become inadvertently known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
  • 3.14. You are responsible for all activities that occur under your User Account (including without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any Services or products, sending emails using the email account or sending SMS), regardless of whether you are the one who undertakes such activities. This includes any unauthorised access and/or use of your User Account.
  • 3.15. You may not share, assign, or permit the use of your User Account, the user ID or password by another person, even to other individuals within your own business entity (where applicable). You acknowledge that sharing of your User Account with other persons, or allowing multiple users outside of your business entity to use your User Account, may cause irreparable harm to Bullmart or other users of the platform. You shall indemnify Bullmart, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your User Account. You further agree that in case of the multiple uses of your User Account or your failure to maintain the security of your User Account, Bullmart shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User Account and/or take any other actions as we may deem necessary or appropriate in our sole and absolute discretion.
  • 3.16. If we have reason to believe that there is likely to be a breach of security, unauthorised use of your User Account or misuse of the platform, we may require you to change your password to your User Account or we may suspend your User Account pending investigation. You further release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your User Account, including our suspension or termination of your User Account due to such unauthorised use.

  1. Intellectual Property Rights
    • 4.1. For the purposes of this Clause 4:
      • 4.1.1. “Intellectual Property Rights” means all applicable rights, title, interests and benefits including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, Know-How, logos, inventions, registered and unregistered design rights, copyrights, technology, databases, database rights and all other similar intellectual property rights.
      • 4.1.2. “Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, tests, results, procedures, project reports and testing procedures, instructions, training manuals, market forecasts, and list of particulars of potential competitors, suppliers and members.
    • 4.2. Other than the User Data (as hereinafter defined in Clause 5.1.2), or unless otherwise indicated, we and/or our licensors have valid, unrestricted and exclusive rights, title and interest of the Intellectual Property Rights on the platform and the texts, graphics, logos, icons, images, documentations, audios, videos, software, page layout, underlying code, data compilations, materials and any other form of information capable of being stored in a computer that contained in or published on the platform (collectively, the “Content”). By allowing you to access and use the platform, Bullmart does not grant you any licence or other authorisation in respect of the platform’s Intellectual Property Rights.
    • 4.3. Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement, Bullmart hereby grants to you a limited, personal, restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license, subject to this Agreement, to access and use the platform and the Content in accordance with this Agreement. All other uses are strictly prohibited without our prior written consent and you agree that such license shall terminate upon the termination of your User Account.
    • 4.4. Your use of and access to the platform and the Content does not grant or transfer to you any rights, title or interest in relation to the platform or the Content. You must not:
      • 4.4.1. copy or use, in whole or in part, any Content;
      • 4.4.2. reproduce, retransmit, distribute, disseminate, sell, resell, publish, broadcast or circulate any Content to any third-party, unless otherwise indicated on the platform or unless given express written permission to do so by Bullmart; and
      • 4.4.3. breach any Intellectual Property Rights connected with the platform or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
    • 4.5. You may view and temporarily store material from the platform in your browser’s cache.
    • 4.6. You undertake not to use any robot, spider, other automatic devices, or manual process to monitor materials available through our platform.
    • 4.7. If you violate any portion of this Agreement, your permission to access and use the platform may be terminated immediately pursuant to this Agreement. Additionally, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation.

  2. User Data
    • 5.1. For purposes of this Clause 5:
      • 5.1.1. “Representative” means a representative of yours, including an accountant, tax agent, auditor, lawyer, accounting, taxation, audit or legal firm, or other third-party, to whom you provide (or for whom you authorise Bullmart to provide) access to the User Data for the purpose of providing to you professional services.
      • 5.1.2. “User Data” means any text (including messages, questions, reviews of the Vendors, the products, suggestions and comments), information, data, materials, images (including photos and profile photos), or other content you provide to us using the platform or submit, enter into, load, or post to the platform, and all results from processing such text, information, data, materials, images, or content, including the relevant agreements entered into by a company, using the platform.
    • 5.2. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license (including the right to sublicense through multiple tiers) to use, copy, modify, create derivative works of, display, perform, publish, reproduce, publicly display and distribute, in any form, medium or manner, the User Data where we deem fit and necessary for providing our services to you, subject to our commitments and obligations stated in our Privacy Policy.
    • 5.3. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in the User Data. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use the User Data in any manner that we deem appropriate or necessary.
    • 5.4. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in the User Data, subject to the non-exclusive rights granted to us in Clauses 5.2 and 5.3 above and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to the User Data in the form of photos: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Bullmart Business Purposes.

“Bullmart Business Purposes” means any use in connection with a Bullmart-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the platform, the services or the information it contains.

  • 5.5. You have sole responsibility for the accuracy, appropriateness and completeness of all User Data. Bullmart will treat the User Data that you have provided through the platform as true for all purposes and shall not be responsible for reviewing, validating or otherwise confirming the accuracy, appropriateness or completeness of the User Data.
  • 5.6. By posting, uploading, or submitting the User Data on the platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use the User Data in this manner. This includes obtaining the right to grant us the rights to use the User Data in accordance with this Agreement. You are in the best position to judge whether the User Data is in violation of intellectual property or personal rights of any third-party. You agree to pay all royalties, fees, and any other monies owed to any person by reason of the User Data.
  • 5.7. We reserve the right to remove the User Data, in whole or in part, submitted by you for any reason at our sole and absolute discretion without notice to you. We do not guarantee that we will publish all of the User Data.
  • 5.8. At your request and/or consent and subject to your payment of any applicable fees, Bullmart will use reasonable efforts to make certain User Data available to Representative(s) who have registered with and/or are using the platform. You hereby authorise Bullmart to disclose such User Data to any Representative to whom you authorise and/or instruct.
  • 5.9. Bullmart does not control how any Representative uses the User Data and has no responsibility for the User Data that is provided to a Representative. Notwithstanding the foregoing, Bullmart reserves the right to decline to transmit the User Data to a specific Representative if Bullmart believes that such transmission would violate this Agreement or any applicable laws (in which case Bullmart will use reasonable efforts to promptly notify you of such decision). Representatives acknowledge that Bullmart is merely acting as a passive conduit for such distribution and takes no responsibility for any User Data. Bullmart makes no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any User Data.

  1. Listing
    • 6.1. When listing a product for sale on the platform, you agree that:
      • 6.1.1. you are responsible for the accuracy and content of the listing and product offered;
      • 6.1.2. your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). We cannot guarantee the exact listing durations;
      • 6.1.3. content that violates any of our policies (including this Agreement) may be modified, obfuscated or deleted at our sole and absolute discretion;
      • 6.1.4. we may revise the data associated with the listings to supplement, remove, or correct information;
      • 6.1.5. we strive to create a marketplace where customer users can find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • (a) customer user’s location, search query, browsing site, and history;
    • (b) item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • (c) Vendor’s history, including listing practices, ratings and feedback; and
    • (d) number of listings matching the Customer’s query;
      • 6.1.6. to drive positive customer experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Customer;
      • 6.1.7. metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results;
      • 6.1.8. the listing shall not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
      • 6.1.9. we may provide you with optional recommendations to consider when you create your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other Vendors.
    • 6.2. We may offer product data (including images, descriptions and specifications) that are provided by third parties (including the platform’s users). You may use that content solely in your listings on the platform. We may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
    • 6.3. We try to offer reliable product data, but cannot promise that the content provided through the platform will always be available, accurate, complete, and up-to-date. You agree that the platform is not responsible for examining or warranting the listings or content provided by third parties through the platform and that you will not attempt to hold us or our data providers liable for inaccuracies.
    • 6.4. We have no control over and do not represent and guarantee the existence, quality, safety or legality of the products advertised, the truth or accuracy of users’ content or listings, the ability of Vendors’ to sell the products, the ability of Customers to pay for the products, or that a Customer or Vendor will actually complete a transaction or return an item.

  2. Prohibited Products
    • 7.1. Bullmart strives to provide a safe and trustworthy buying experience. The following products are prohibited for sale on the platform:
      • 7.1.1. illegal products;
      • 7.1.2. stolen or counterfeit products;
      • 7.1.3. used products, with the exception of truly vintage or antique products;
      • 7.1.4. recalled or defective products;
      • 7.1.5. weapons (may be acceptable in rare cases if deemed artwork or antique);
      • 7.1.6. products using the name or brand of a company, designer, or artist in the title or description if products are not lawfully made or authorized by the named company, designer, or artist;
      • 7.1.7. products that infringe the copyrights, trademarks, intellectual property or personal rights of others;
      • 7.1.8. products made of fur, ivory, or endangered or threatened species;
      • 7.1.9. products that contain offensive, violent, obscene, cruel or inappropriate content in product names, descriptions, logos, or images, including but not limited to:
    • (a) profanity or symbols/signs representing profanity;
    • (b) pornographic, sexually explicit, or sexually violent content;
    • (c) promotion, depiction or glorification of illegal activity;
    • (d) promotion, depiction or glorification of violence towards others or self;
    • (e) promotion, depiction or glorification of hatred, intolerance, violence, ridicule, and/or bigotry toward a group of people or the promotion of organizations fostering these views; and
    • (f) promotion or glorification of cruelty towards animals.
      • 7.2. It is your sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. All your products must comply with this Agreement at all times. If you sell a product that is deemed to be in violation of this Agreement, Bullmart may, in its sole and absolute discretion, immediately remove your product listings, suspend your sale, terminate your User Account or take any action as we shall deem necessary and appropriate. Furthermore, if you are selling illegal products, Bullmart may withhold payment, including payment of any referrals and cashback offered on the platform.
      • 7.3. If you engage in business activity that is governed by industry or governmental restrictions or regulations in connection with your use of the platform, you acknowledge and agree that we are not engaged in any such activity and are not responsible for your obligations under such regulations.
      • 7.4. The availability of products sold by Vendors on the platform does not imply our endorsement or verification of the products or their descriptions, and you purchase the products and use our Services at your own risk.

  1. Specific Restrictions
    • 8.1. You agree that you shall only use the platform for reasonable and lawful business purposes and shall conduct your business transactions with other users of the platform in good faith.
    • 8.2. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to the platform, which we would consider inappropriate, or which might bring us or the platform into disrepute, including (without limitation):
      • 8.2.1. using the platform to advertise, promote, market, sell or trade any materials which is prohibited by law;
      • 8.2.2. using the platform to defraud any person or entity (including the sale of stolen items, use of stolen credit/debit cards or other false or misleading information);
      • 8.2.3. removing any proprietary notices from the platform;
      • 8.2.4. impersonating any person or entity, misrepresent yourself or your affiliation with any person or entity;
      • 8.2.5. taking any action that may undermine the feedback or rating systems of the platform;
      • 8.2.6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the platform or data regarding other users, including User Data, user ID, password and e-mail address, without our consent;
      • 8.2.7. tampering with or modifying the platform, knowingly transmitting viruses, worms or other disabling features, or damaging or interfering with the platform, including using trojan horses, viruses, timebombs, keystroke loggers, spyware or other similar feature or piracy or programming routines that may damage or interfere with the platform;
      • 8.2.8. using the platform in any way that interferes with any user’s access to the platform;
      • 8.2.9. attempting to copy, reproduce, exploit or expropriate the platform’s various proprietary directories, databases and listings;
      • 8.2.10. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
      • 8.2.11. using the platform to defame, harass, threaten, menace or offend any person;
      • 8.2.12. using the platform to send unsolicited, bulk or junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
      • 8.2.13. modifying, copying, adapting, reproducing, making derivative works of, dissecting, decompiling, disassembling, reverse compiling or reverse engineering any part of the platform;
      • 8.2.14. uploading, emailing, posting, transmitting or otherwise making available any content on the platform that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      • 8.2.15. uploading, emailing, posting, transmitting or otherwise making available any content on the platform that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • 8.2.16. otherwise deriving or determining or attempting to derive or determine the source code (or algorithms, structure or organisation) of any software underlying the platform;
      • 8.2.17. interfering with, disrupting, or creating an undue burden on servers or networks connected to the platform, or violate the regulations, policies or procedures of such servers or networks;
      • 8.2.18. attempting to gain unauthorised access to the platform (or to other computer systems or networks connected to or used together with the platform), whether through password mining or any other means;
      • 8.2.19. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the platform;
      • 8.2.20. accessing the platform in order to build a similar or competitive application, product, or service;
      • 8.2.21. taking any action that constitutes voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the platform);
      • 8.2.22. manipulating the price of any item or interfering with other user’s listings;
      • 8.2.23. engaging in any activities that would otherwise create any liability for us or our affiliates;
      • 8.2.24. bypassing the internal workings (including security features) of the platform (including changing the coding or interface of the platform);
      • 8.2.25. “doxing” other users on the platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);
      • 8.2.26. promote products sold on websites or applications other than on the platform;
      • 8.2.27. access the platform, open a user account, or otherwise access your User Account using an emulator, simulator, bot or other similar hardware or software;
      • 8.2.28. using software or automated agents or scripts to produce multiple accounts on the platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and/or
      • 8.2.29. instructing, authorising, facilitating or assisting a third-party to do any of the above acts.
    • 8.3. Certain areas of the platform are restricted from being accessed by you and we may further restrict access by you to any areas of the platform, at any time and from time to time, at our absolute discretion.
    • 8.4. You are prohibited from using the platform, including the Content, in any way that competes with our business.

  2. Review of Products
    • 9.1. The platform may enable you to post comments, reviews, suggestions or feedback about the products which you have purchased or ordered and/or about the Vendors of which such products are purchased or ordered (“Reviews”).  Reviews are considered as User Data for the purposes of the platform.
    • 9.2. When you post reviews to the platform, you also grant us the right to use the name that you submit or your username, in connection with such Review to be publicised on the platform. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Reviews. We may, but shall not be obligated to, remove or edit any Reviews which contravenes this Agreement.
    • 9.3. By posting a review, you acknowledge and agree that:
      • 9.3.1. you are not (a) a director, employee, officer or principal  (“Restricted Party”) of the Vendor whose products are the subject of the Review, (b) a Restricted Party of a competitor of the Vendor whose products are the subject of the Review; or (c) related in any way to the Vendor whose products are the subject of the Review;
      • 9.3.2. your Review is based upon your first-hand experience with the Vendor whose products, are the subject of the Review;
      • 9.3.3. your Review is accurate, truthful and complete;   
      • 9.3.4. your Review shall not undermine the integrity of the platform’s feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another user (including a Vendor);
      • 9.3.5. your Review does not violate any of our policies (including this Agreement), including through libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content, as determined by us in our sole and absolute discretion;
      • 9.3.6. if you have received monetary compensation or other incentives to write and submit a review, it will be clearly and conspicuously stated in the text of your review, even if the amount or value of such incentive is small; and
      • 9.3.7. you will not use the posting or removing of your Review to demand payment from any Vendor, except that bona fide refund, returns or exchange requests made in connection with bad customer experience are acceptable.

  1. Fees and Payment
    • 10.1. The platform supports one or more of the following payment methods:
      • 10.1.1. Credit Card/Debit Card
      • 10.1.2. Online Payment (FPX)
      • 10.1.3. E-Wallet Payment (including GrabPay, Touch ‘n Go, Boost, etc.)
      • 10.1.4. Direct Debit
    • 10.2. When a Customer places an order on the platform, actual payment on any purchase will only be charged upon the Vendor’s acceptance of the Customer’s order. All payments shall be made to us as the Vendor’s agent. The Customer and Vendors acknowledge and agree that Bullmart is entitled to collect payments on behalf of the Vendors. Bullmart will make payments to the Vendors in relation to the sale of products upon the completion of each transaction subject to set-off against the Transaction Fee (as defined in Clause 18.1) and any other applicable cashbacks and/or referrals on a schedule and in a manner which shall be determined by Bullmart at its sole and absolute discretion.
    • 10.3. All payments made on the platform is subject to the respective Vendors’ policies on cancellations, returns and refunds. Currently, we are only able to make payment to users of the platform via bank transfer. Hence, you are required to provide us with your banking details to receive payments i.e. from the sale of products or refund from the platform.
    • 10.4. All payment methods available on the platform are subject to terms and conditions prescribed by the respective third-party payment gateway providers.
    • 10.5. Customers may only change their preferred mode of payment for their purchase prior to making payment on the platform.
    • 10.6. We take no responsibility and assume no liability for any loss or damages to you arising from inaccurate shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the products purchased. We reserve the right to check whether you are duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed, or cancel the relevant transaction where such confirmation is not available.
    • 10.7. Vendors further agree that Customers will from time to time be entitled to utilise cashbacks, vouchers, and/or Bullcoins in their User Account to make payment for the products, which will be off-set from the purchase price of the product

  2. Transactions Between Users
    • 11.1. Through the platform, our Services merely provide for the exchanging of information between its users (i.e. the Vendors, Customers and Referrers (as hereinafter defined in Clause 13.1)). Bullmart additionally provides electronic platforms for its users to place, accept, conclude, manage and fulfil orders for the provision of products online within the platform.
    • 11.2. Each sale and purchase transaction on the platform will form a binding contract between the users. However, for any transaction between the users, Bullmart does not represent either the Vendor, Customer or Referrer in each specific transaction (including any cancellations, returns, or refunds). As such, Bullmart does not control or guarantee and is not liable or responsible for, the quality, safety, lawfulness or availability of the products offered for sale on platform, the ability of the Vendors to complete a sale or service or the ability of Customers to complete a purchase.
    • 11.3. You are hereby made aware that there may be risks of dealing with people acting under false pretences. Bullmart uses several techniques to verify the accuracy of certain information our users provide us when they register for a User Account on the platform.  However, because user verification on the Internet is difficult, Bullmart cannot and does not confirm each user’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
    • 11.4. Vendors, Customers, and Referrers accessing or using the platform shall assume the risks of conducting any referral, purchase and/or sale transactions in connection with or through the platform. Vendors, Customers, and Referrers accessing or using the platform shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products that are the subject of the transactions on the platform. Examples of such risks shall include, but are not limited to, misrepresentation of products, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery of products, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products offered or displayed on the platform may violate or may be asserted to violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third-Party Rights”), and the risk that you may incur costs of defence or other costs in connection with third-parties’ assertion of Third-Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to the assertion of rights, demands or claims by claimants of Third-Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the platform. All of the foregoing risks are referred to as “Transaction Risks”. Bullmart is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.  
    • 11.5. Vendors, Customers on the platform are solely responsible for setting out and ensuring the performance of the terms and conditions of the transactions conducted on, through or as a result of the use of the platform, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under any other agreement listed on the platform.
    • 11.6. You agree to provide all information and materials as may be reasonably required by Bullmart in connection with your transactions conducted on, through or as a result of use of the platform.  Bullmart has the right to suspend or terminate your User Account and/or take any actions that Bullmart deems necessary if you fail to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension, termination or action.
    • 11.7. Each agreement entered into for the sale of a Vendor’s products to a Customer shall be an agreement entered into directly and only between the Vendor and the Customer. In the event that you have a dispute with any party to a transaction, you agree to release and indemnify Bullmart (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
    • 11.8. Any information made available on the platform in connection with the supply of products including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by the Vendors through our chat system on the platform are not binding and for information purposes only. In entering into the agreement with the respective Vendors, you acknowledge that you do not rely on and hereby waive any claim based on any such representations or information so provided.
    • 11.9. In the event of any typographical, clerical or other error or omission in any quotation, invoice or other document or information issued by us on the platform, such error or omission shall be subject to correction without any liability on our part.

  3. User Account Ranking System
    • 12.1. The platform operates a ranking system which ranks and categorises the User Accounts of its Customers and Referrers users into the following tiers:

Tier 1 – BullRiders (Highest Tier): BullRiders will be entitled to personal cashbacks on selected transactions and referral cashbacks on Qualified Referrals (as hereinafter defined in Clause 13.2). BullRiders are additionally entitled to personal group bonuses (the rates of which depend on the Bullriders’ category) as may from time to time be distributed by Vendors on selected transactions and Qualified Referrals, subject to Bullmart’s right to make changes to the distribution of bonuses set by the Vendors at its sole discretion from time to time.

Tier 2 – BullShoppers: BullShoppers will be entitled to personal cashbacks on selected transactions and referral cashbacks on Qualified Referrals.

Tier 3 – Normal Shoppers (Lowest Tier): Normal Shoppers will be entitled to personal cashbacks on selected transactions and referral cashbacks on Qualified Referrals, which will accumulate and only be released to the users upon their User Account being upgraded to a ‘BullShopper’ or ‘BullRider’ account.

  • 12.2. BullRiders are ranked into the following categories:

Category I – BullRider Master (Highest ranked BullRider)

Category II – BullRider Pro

Category III – BullRider (Lowest ranked BullRider)

(BullRiders are entitled to group bonuses (i.e. additional cashbacks) which will be awarded by the Vendors and distributed to the BullRiders (based on the BullRiders’ category and rank) on selected transactions or Qualified Referrals at a rate and in a proportion to be determined by the Vendors, subject to Bullmart’s right to make changes to the distribution of bonuses set by the Vendors at its sole discretion from time to time. Vendors are entitled but not obliged to reward group bonuses to BullRiders.)

  • 12.3. Each Customer or Referrer who opens a User Account on the platform will start off with a ‘Normal Shopper’ account. Upon meeting a minimum number of successful transactions, Qualified Referrals and/or Eligible Activity (as hereinafter defined in Clause 14.1), the threshold of which shall be determined by us from time to time at our sole and absolute discretion, the User Account will then be upgraded on a tier-by-tier basis, the highest tier of which being a BullRider Master account.

  1. Bullmart Referral Program
    • 13.1. Users on the platform who are not Vendors or Customers include users who are able to make referrals on third-party social media sites (such as Facebook, Instagram, WeChat, etc.) and/or third-party messaging platforms (such as WhatsApp, Telegram, LINE etc.) to promote the use of the platform and/or promote the purchase of a Vendor’s products by forwarding a unique referral link to the third-party sites (“Referrer”).  
    • 13.2. Each existing user on the platform will be able to generate unique referral links from your User Account which may then be shared and used on third-party websites and mobile platforms, to encourage the (i) creation of a new User Account on the platform; and/or (ii) purchase of a product on the platform. Referred Customers who click on the referral links will be redirected to the platform. Customers who access the platform via the referral links who have either created a new User Account or made a purchase on the platform shall be deemed as a “Qualified Referral”.
    • 13.3. Each Referrer who has made a Qualified Referral will be rewarded with a referral cashback from Bullmart and/or the Vendors, as the case may be, and at a rate and amount, and subject to terms and conditions to be determined by Bullmart and/or the Vendors from time to time, provided that Bullmart reserves its right to make changes to the distribution of bonuses set by the Vendors for the Bullriders at its sole discretion from time to time.
    • 13.4. You are eligible to participate in the Bullmart referral program if you are a user and your User Account does not expressly exclude you from participation.
    • 13.5. As a Referrer, you agree that you make referrals without affiliation to the platform and/or the Vendors, and you shall have no authority to, and you shall not hold yourself out, or otherwise create the impression that you are authorised to, bind a Vendor in any way, or do any act which may reasonably create the impression that you are so authorised.
    • 13.6. All referral cashback rewards awarded under the Bullmart referral program shall be credited to your User Account. Bullmart reserves the right to reward Referrers of Qualified Referrals with Bullcoins instead of referral cashbacks.

  2. Bullcoins Reward System
    • 14.1. You may earn loyalty/reward points (known as “Bullcoins”) on the platform by buying products on the platform or through participation in other platform activities as we may from time to time determine (“Eligible Activity”) based on the conversion rate as we may determine in our sole and absolute discretion. Eligible Activity on the platform currently includes the following: ‘Click ‘N’ Earn’, ‘Watch ‘N’ Earn’, ‘Share ‘N’ Earn’, ‘Walk ‘N’ Earn’.
    • 14.2. Generally, Bullcoins will be credited to your User Account upon the completion of a successful transaction or Eligible Activity approved by us. You are eligible to participate in the Bullcoins reward system if you are a user and your User Account does not expressly exclude you from participation. Bullcoins are rewarded in addition to any personal cashbacks and/or referral cashbacks.
    • 14.3. User Accounts not verified by us and transactions not completed on the platform do not qualify for the Bullcoins reward system. We may in our sole and absolute discretion exclude certain categories of products from the Bullcoins reward system.
    • 14.4. Bullcoins credited to you have no monetary value, do not constitute your property and cannot be purchased, sold, transferred or redeemed for cash, whether on the platform or otherwise.
    • 14.5. Subject to such rules and regulations as determined, varied or modified by us from time to time, and subject to any cap imposed by us at our sole discretion, you may redeem Bullcoins by sending a request to us and use Bullcoins to offset the purchase price of selected products when making purchases on the platform as permitted and advised by us from time to time.
    • 14.6. Bullcoins you redeem will be deducted from your Bullcoins balance. Each Bullcoins comes with an expiry date. Do check your account details on the platform for Bullcoins balances and expiry dates.
    • 14.7. From time to time, we may tell you that bonus Bullcoins will be awarded for a particular Eligible Activity. This may include, but is not limited to, purchases you make at participating Vendors or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards, if any, from time to time.
    • 14.8. If you have a dispute in relation to the number of Bullcoins which you have been awarded in respect of an Eligible Activity, such a dispute must be notified to us through the platform within one (1) month from the date of the Eligible Activity. We may require you to provide documentary evidence to support your claim.
    • 14.9. We give no warranty and accept no responsibility as to the ultimate tax treatment of Bullcoins. You will need to check with your tax advisor whether receiving Bullcoins affects your tax situation.
    • 14.10. We reserve the right to (i) discontinue the Bullcoins reward system at any time at our sole and absolute discretion and (ii) cancel or suspend your right to participate in Bullcoins reward system, including the ability to earn and redeem Bullcoins at our sole and absolute discretion.

  3. Bullmart Pro Marketing
    • 15.1. Vendors on the platform (upon meeting minimum requirements as may from time to time be determined by Bullmart) will have access to “Bullmart Pro Marketing”, an integrated marketing tool on our platform, which allows eligible Vendors to generate a number of marketing products and/or campaigns to promote the sale of their products.

Promo Codes

  • 15.2. Vendors with access to Bullmart Pro Marketing are entitled to generate promotional vouchers and/or discount codes (“Promo Codes”) to be applied by the Customers during the purchase of their product Vendors are able to generate Promo Codes at a rate and amount (including individual policies, such as eligibility, validity period and any other limitations) to be determined at their sole discretion, at all times subject to this Agreement and any policies as we may introduce from time to time.
  • 15.3. Promo Codes are only valid if used on the platform and are not exchangeable for cash (whether on the platform or otherwise).
  • 15.4. We reserve the right to cancel or modify any order, or revoke the use of Promo Codes for any reason, including the following circumstances:
  • 15.4.1. suspicious or fraudulent purchasing activity or Promo Code use;
  • 15.4.2. Promo Code abuse, including the use of multiple accounts or multiple checkouts associated with the same Customer or group of Customers; or
  • 15.4.3. Promo Codes used in bad faith (including resold Promo Codes or use of Promo Codes by customers purchasing products for the purpose of reselling).
  • 15.5. Bullmart will not be liable and/or be required to offer replacement vouchers, discounts, credits, or otherwise compensate Customers for:
  • 15.5.1.  discontinued or cancelled Promo Codes by the Vendors;
  • 15.5.2. improper use of, or inability to redeem or apply, a Promo Code; or
  • 15.5.3. the inability to redeem or apply a Promo Code due to technical issues.

Personal Cashbacks and Referral Cashbacks

  • 15.6. In addition to Promo Codes, Vendors with access to Bullmart Pro Marketing are entitled to reward personal cashbacks and/or referral cashbacks to Customers for the individual purchase and/or Qualified Referral of their products at a rate and amount, and subject to terms and conditions to be determined by the Vendors from time to time.

BullRider Group Bonuses

  • 15.7. Vendors with access to Bullmart Pro Marketing are further entitled to reward group bonuses to BullRiders (in accordance with their ranks) who have made Qualified Referrals on a Vendor’s products (see Clause 13.3).
  • 15.8. As a disclaimer, you understand and agree that we do not warrant or guarantee any increase in viewership or sales of your items as a result of the utilisation of any of our Bullmart Pro Marketing services.
  • 15.9. For the purposes of promoting and marketing the attractiveness of the platform as a whole, Bullmart reserves the right to modify and amend these Bullmart Pro Marketing terms and conditions at any time, and shall at all times be entitled to require the Vendors to participate in any seasonal platform-wide promotional campaigns organised by Bullmart (including any Eligible Activity), and to additionally require the Vendors to reward users with personal cashback, referral cashback and/or BullRider group bonuses at a rate and amount to be determined by the Bullmart at our sole and absolute discretion from time to time. Where Bullmart exercises its rights under this Clause 15.9, we agree to reasonably compensate and reimburse Vendors for the costs and expenses incurred.

Participation in Vendor’s Eligible Activity

  • 15.10. Vendors with access to Bullmart Pro Marketing services may also create marketing campaigns which will constitute an Eligible Activity on the platform to promote their products (in addition to those already provided by Bullmart on the platform), whereby Bullcoins will be rewarded to participating Customers based on the conversion rate and upon the terms and conditions as may be determined by the Vendors from time to time (“Vendor’s Eligible Activity”).
  • 15.11. Where required, Vendors using any marketing tool on Bullmart Pro Marketing which requires the distribution of Bullcoins (such as a reward for participation in a Vendor’s Eligible Activity), may purchase Bullcoins (at a rate to be determined at our sole discretion and published on the platform, which is subject to change from time to time) for gratuitous distribution to Customers for marketing purposes or for using the Bullmart Pro Marketing advertising and promotional tools on the platform.
  • 15.12. Bullcoins to be rewarded as part of a Vendor’s Eligible Activity (or any other Bullcoins related marketing campaign) must be purchased by the Vendor from Bullmart prior to the activation of such Bullcoins related marketing campaigns and shall be directly deducted from the Vendors’ User Account to be distributed to the Customer’s User Account upon successful completion of a Vendor’s Eligible Activity. It shall be the Vendors’ responsibility to ensure that its User Account has sufficient Bullcoins for distribution at all times.
  • 15.13. If you are a Vendor that purchases Bullcoins, you will be deemed to have consented to the terms and conditions described in this Clause, and any explanatory materials published on this platform or otherwise communicated to Vendors in writing (“Vendor Bullcoins Rules”).
  • 15.14. In order to purchase Bullcoins, you must be an eligible Vendor under the Vendor Bullcoins Rules. At the time you purchase and pay for the Bullcoins, your User Account must not be suspended.
  • 15.15. You may purchase Bullcoins via the payment methods set out on the platform.  After payment is completed, the Bullcoins will be issued to your User Account for a giveaway to Customers or use of advertising and promotional tools on the platform within 24 hours of your purchase and shall expire six (6) months after purchase or such other time as determined by us. Except as otherwise provided in the applicable Vendor Bullcoins Rules, you may not cancel the order and/or request for a refund after you have purchased Bullcoins and completed the payment process.
  • 15.16. Bullcoins purchased by Vendors may only be given away, free-of-charge, to Customers via promotional channels made available on the platform or for use of advertising and promotional tools on the platform. You may not sell, redeem, or otherwise deal in, Bullcoins under any other circumstances. You agree that failure to comply with this section or any of the Vendor Bullcoins Rules may, without limitation, result in the forfeiture of Bullcoins purchased by you, in addition to any other actions or remedies that we may take or enforce.
  • 15.17. You understand and agree that we do not warrant or guarantee any increase in viewership or sales of your items as a result of the purchase and gratuitous distribution of Bullcoins.
  • 15.18. You are advised to only purchase Bullcoins after fully considering your budget and intended advertising objectives. Except as otherwise provided in this Agreement or the Vendor Bullcoins Rules, we shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing Bullcoins.
  • 15.19. If, notwithstanding anything in this Agreement, we are found by a court of competent jurisdiction to be liable (including for gross negligence) in relation to the purchase by you of Bullcoins, then, to the maximum extent permitted by applicable law, our liability to you or to any third-party is limited to the amount paid by you for the Bullcoins in question only.

  1. Cashback Rewards (Personal Cashback/Referral Cashback)
    • 16.1. All personal cashback and referral cashback awarded to a user following any transaction on the platform or Qualified Referral, will be directly credited into your User Account. Nevertheless, you understand that the pay-out by us of all personal cashback and referral cashback is subject to our policies (including this Agreement) as published on the platform from time to time, including any policy in relation to refund of the purchase price/ return of product
    • 16.2. Cashback credited into a User Account can be applied during payment for the purchase of any product Alternatively, cashback accumulated in a User Account can be withdrawn by a user subject to a minimum withdrawal limit and withdrawal fee as specified on the platform.
    • 16.3. Withdrawals are processed within three to five working days and payment will be made via bank transfer.

  2. Purchase and Sale of Alcohol
    • 17.1. The purchase and sale of alcoholic products (“Alcohol”) on the platform is permitted by Bullmart subject to the terms and conditions of this Clause 16. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Clause 16 when you purchase Alcohol on the platform. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”), you will be deemed to have consented to the terms and conditions in this platform when you sell Alcohol on the platform.
    • 17.2. If you are an Alcohol Buyer:
      • 17.2.1. you represent and warrant that you and (if applicable) the person receiving the Alcohol (“Recipient”) are (i) aged 21 or above; (ii) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (iii) understand the following: “DRINKING ALCOHOL CAN BE HARMFUL TO HEALTH”; and
      • 17.2.2. if requested by an Alcohol Seller or Bullmart (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.
    • 17.3. If you are an Alcohol Seller, you represent and warrant that:
      • 17.3.1. you are not Muslim or otherwise prohibited from selling Alcohol under any law, regulation or religion;
      • 17.3.2. you hold all necessary licences and/or permits to sell Alcohol through the platform, and shall provide a copy of such licences and/or permits and supporting documents to us immediately upon request for verification purposes; and
      • 17.3.3. all information and documents provided to us are true and accurate.
    • 17.4. When delivering Alcohol to an Alcohol Buyer:
      • 17.4.1. the delivery agent reserves the right to request for valid photo identification for age verification purposes; and
      • 17.4.2. we (via the delivery agent) reserve the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.
    • 17.5. Each Alcohol Buyer and Alcohol Seller severally agrees to indemnify, defend and hold harmless Bullmart, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any inaccuracy or breach of its representations in Clause 16.2 and/or Clause 16.3 (as applicable); and (b) its breach of any law or any rights of a third-party.

  3. Transaction Fees
    • 18.1. Bullmart charges a fee for all successful transactions completed via all payment methods on the platform (“Transaction Fee”). The Transaction Fee is borne by the Vendor and is calculated at five percent (5%) of payment made by the Customer in respect of a particular purchase or order made on the platform (“Purchase Monies”), rounded up to the nearest cent.  The Transaction Fee is subject to SST (“Tax Amount”), and the Vendor is responsible for such Tax Amount.
    • 18.2. Following the successful completion of a transaction, we shall deduct the Transaction Fee and the Tax Amount from the Customer’s Purchase Monies, and remit the balance to the Vendor. Bullmart will issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Vendor upon request only.
    • 18.3. If you are a Vendor, you are liable for Transaction Fees arising out of all sales made or services provided using some or all of the platform’s services, even if sales terms are finalised or payment is made outside of the platform. In particular, if you offer or reference your contact information or ask a Customer for their contact information in the context of buying or selling or provision of products outside of the platform, you shall be liable to pay to us the applicable Transaction Fees to that products based on the price offered on the platform.
    • 18.4. Your fees to us do not in any way constitute exclusive rights to item exposure on the platform. We may display third-party advertisements (including links and references thereto) or other content in any part of the platform, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Vendors.

  4. Collection and Use of Your Information
    • 19.1. You acknowledge that when you access and use the platform, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the platform. You may also be required to provide certain information about yourself as a condition to accessing and using the platform or certain of its features or functionality. All information we collect through or in connection with the platform is subject to our Privacy Policy.
    • 19.2. We will process and may disclose personal data including sensitive personal data (as defined in the Personal Data Protection Act 2010) relating to you and your affiliates, and you consent to the processing and disclosure of such data. You agree to keep us informed of any changes to your personal data at all material times. In any event, should any such necessity arise to obtaining the consent, authorisation or permission of any of your affiliates in relation to the processing and disclosure of their personal data, including sensitive personal data (as defined in the Personal Data Protection Act 2010), then such consent, authorisation or permission is deemed to have been obtained by you unless communicated otherwise to us.
    • 19.3. Certain products, services or functionalities made available via the platform are and may be delivered by third-party sites and organisations. By using any product, service or functionality originating from the platform, you hereby acknowledge and consent that Bullmart may share such information and data with any third-party with whom Bullmart has a contractual relationship with to provide the requested product, service or functionality on behalf of users and Customers of the platform.

  5. Updates and User Data Backup

You acknowledge and agree that, from time to time, the platform may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, scheduled downtime for maintenance, upgrade and update, repairs or replacements that we may undertake from time to time at our sole discretion. 

  1. Additional Reservation of Rights
    • 21.1. We expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any User Account or Services for any reason (as determined by us, in our sole and absolute discretion), including, but not limited to, the following:
      • 21.1.1. to correct mistakes made by us in offering or delivering any Services;
      • 21.1.2. to protect the integrity and stability of the platform;
      • 21.1.3. to assist with our fraud and abuse detection and prevention efforts;
      • 21.1.4. to comply with court orders against you and any applicable local, state, national and international laws, rules and regulations;
      • 21.1.5. to comply with requests of law enforcement, including subpoena requests;
      • 21.1.6. to comply with any dispute resolution process;
      • 21.1.7. to defend any legal action or threatened legal action without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit; and/or
      • 21.1.8. to avoid any civil or criminal liability on the part of us, our officers, directors, employees and agents, as well as our affiliates, including, but not limited to, instances where you have sued or threatened to sue us.
    • 21.2. We reserve our right to report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, we may disclose your identity, contact information and/or information regarding the User Account(s), transactions or activities carried out on or via the platform, if requested by a government, regulatory or law enforcement body or an injured third-party, or as a result of a subpoena or other legal action.  We shall not be liable for damages or results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure.
    • 21.3. You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our provision of the Services through the platform, evaluating whether you have breached this Agreement and/or handling any complaint against you. You acknowledge that your failure to do so may result in suspension or termination of your User Account, or delay in the provision of services to you,  We shall not be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
    • 21.4. You also acknowledge and agree that we reserve our right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including removing, modifying or rejecting any User Data) created, obtained or accessible through the platform. Bullmart does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Data) created, submitted, posted, displayed or otherwise made by any user. Each user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
    • 21.5. We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the platform or any part of the Services.

  2. Third-Party Materials
    • 21.1. The platform may use, display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (the “Third-Party Materials”).
    • 22.2. You acknowledge and agree that we do not control and are not responsible for the Third-Party Materials, including but not limited to, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The inclusion of Third-Party Materials on the platform does not imply any endorsement by Bullmart of the Third-Party Materials or those in control of them.
    • 22.3. We do not assume and will not have any liability or responsibility to you or any other person or entity in respect of any Third-Party Materials.
    • 22.4. Third-Party Materials and links thereto are provided solely as a convenience to you. Your access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
    • 22.5. Information on the many web pages that are linked to the platform comes from a variety of sources. Some of this information comes from official Bullmart licensors, but much of it comes from unofficial or unaffiliated organisations and individuals, both internal and external to Bullmart. Bullmart does not author, edit or monitor these unofficial pages or links. You acknowledge and agree that Bullmart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services, advertising or other materials available on such external sites or resources.

  3. Third-Party Interactions
    • 23.1. During use of the platform, you may, from time to time, enter into correspondences, trades and/or any other transactions with any third-party service providers through the platform, and you acknowledge that any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely conducted and/or entered into between you and the applicable third-party.
    • 23.2. Bullmart and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondences, trades and/or transactions between you and any such third-party.
    • 23.3. Bullmart does not endorse any applications or sites on the Internet that are linked through the platform, and in no event shall Bullmart or its affiliates and/or licensors be responsible for any content, products, services or other materials on or available from such sites or third-party service providers.
    • 23.4. Bullmart provides the Services made available on the platform to you pursuant to this Agreement. You recognise, however, that certain third-party merchants or service providers, goods and/or services may require your agreement to additional and/or different terms of service prior to your use of or access to such goods or services, and Bullmart is not a party to any agreement relating to such use and access, and we disclaim any and all responsibility and/or liability arising from such agreements between you and the third-party service providers.

  4. Third-Party Software and Application Programming Interface (“API”)

We may use third-party software and APIs when providing services on the platform. We do not guarantee the reliability of such third-party software or APIs. You agree that we are not liable for any loss or damage whatsoever incurred or suffered by you arising out of our use of such third-party software or APIs.

  1. Communications
    • 25.1. By electing to submit your phone number to us and agreeing to this Agreement, you agree to receive communications from us, including via text messages (including SMS and MMS), calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialling systems. These communications include, for example, operational communications concerning your account or use of the platform, updates concerning new and existing features on the platform, communications concerning promotions run by us or third parties, and news relating to the platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from us, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from us.
    • 25.2. If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the platform, you may opt-out or unsubscribe using your User Account settings.
  2. Delivery Times
    • 26.1. Your order may be fulfilled consistent with the delivery estimates you receive at checkout or, if no delivery estimates are provided, then within a reasonable time from the shipping confirmation date, which could in exceptional circumstances be greater than thirty (30) days.
    • 26.2. By purchasing a product from any of the Vendors on the platform, you acknowledge that all orders will be fulfilled by the third-party Vendors and not by us. The Vendors will be responsible for all processing, shipping, returns, and customer service related to your order. You should contact the Vendors directly via the contact information provided on the product page for any inquiries or customer service issues related to the Vendor’s product products purchased from a Vendor can only be returned to that Vendor in accordance with their own return policy, and cannot be returned to, or through, us. 
  3. Breaches by Users
    • 27.1. If you breach any of the terms of this Agreement, or if Bullmart has reasonable grounds to believe that you are in breach of any of the terms of this Agreement, Bullmart shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating your User Account and any and all accounts determined to be related to such User Account by Bullmart in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Services or products offered by the platform; (iii) removing any product listings or other User Data that you have submitted, posted or displayed, or imposing restrictions on the number of product listings or User Data that you may post or display; (iv) imposing other restrictions on your use of any features or functions of the platform as we may consider appropriate in our sole and absolute discretion; (v) withdraw any subsidies offered to you (vi) cancel any transactions associated with your User Account and user ID (vii) temporarily withhold any sale proceeds or refunds (viii) suspend your right to participate in any reward, cashback and/or referral program offered by the platform and/or (v) any other corrective actions, discipline or penalties as we may deem necessary or appropriate in our sole and absolute discretion.

  4. Indemnity

You agree to indemnify, defend and hold harmless and keep indemnified, defended and held harmless Bullmart and its licensors, officers, partners, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable advocates and solicitors’ fees, arising from or relating to your use or misuse of the platform or the placement or transmission of any message, information, software or other materials through the platform by you or users of your User Account or related to any breach of this Agreement by you or users of your User Account. 

  1. Disclaimer of Warranties
    • 29.1. The platform is provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Bullmart, on its behalf and on behalf of its affiliates, licensors and its service providers, expressly disclaims all:
      • 29.1.1. conditions and warranties, whether express, implied, statutory or otherwise, with respect to the platform including but not limited to the commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement and any implied terms and warranties of the platform;
      • 29.1.2. representations, by any means, as to the availability, accessibility, uninterrupted access, operation, the performance of the platform or any other products or Services accessed via the platform; and
      • 29.1.3. indemnification arising from a course of dealing or course of performance in connection with this Agreement.
    • 29.2. No advice or information, whether oral or written, obtained by you from the platform or any materials or content available through the platform will create any warranty that is not expressly stated in this Agreement. You assume all risk for any damage that may result from your use of or access to the platform, and any material or content available through the platform.
    • 29.3. Bullmart does not warrant the accuracy, completeness or adequacy of any information or material contained on the platform. Nothing contained on the platform is intended to be used as professional advice, nor as a substitute for your own professional advice.
    • 29.4. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without any interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
    • 29.5. Whilst we use reasonable efforts to ensure that our online platform is free from viruses and other malicious or harmful content, we cannot guarantee that your use of the platform (including any content on it or any website accessible from it) will not cause damage to your computer or any other device. Except if required by applicable law, we shall not be liable to you for any loss or damage, which you may suffer as a result of viruses or other malicious or harmful content.

  2. Limitation of Liability
    • 30.1. To the maximum extent permitted by law, Bullmart makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the platform. Bullmart does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or Services offered or displayed on the platform does not violate any third-party rights. Further, Bullmart makes no representations or warranties of any kind concerning any product or Service offered or displayed on the platform.
    • 30.2. In no event will Bullmart, its affiliates and its respective licensors, shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, direct, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data or exposure of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the platform, any performance or non-performance of the platform, or any other product, service or other item provided by or on behalf of Bullmart.
    • 30.3. You agree that Bullmart has no liability or responsibility for the deliberate or accidental deletion, failure to store, theft, misappropriation or loss, by any means, of any data due to your actions in using the platform including failure to apply strong passwords. Your further agree that Bullmart is not responsible, and shall have no liability to you or anyone else for any User Data, listing content or other material transmitted through the platform, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Data, listing content or other material rests entirely with you. Bullmart reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Bullmart in asserting any available defences.
    • 30.4. Access to, and use of, the platform is entirely at your own discretion and risk. You understand and agree that you will use or access the platform, or otherwise purchase or order any products through the platform, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the platform), or the loss of data that results from the use of the platform or the download or use of any Content.
    • 30.5. The Content is provided for informational purposes only and is not intended to constitute professional, regulatory, legal or other advice. Any decision made or action taken by you based on the Content is at your sole responsibility and liability.
    • 30.6. Any opinion, analysis or other information included in the Content provided does not constitute an advice. You agree that you are solely responsible for all actions (or the lack thereof), and decisions as related to the Content and your use of the platform. Bullmart and each party providing the Content disclaim liability to all persons or organisations in relation to any action(s) taken on the basis of currency or accuracy of the Content or any loss or damage suffered in connection with that information or material. You agree that Bullmart has no liability or responsibility for any actions you may take in relation to the Content provided.
    • 30.7. Bullmart has no special relationship with or fiduciary duty to you or any other third-party. You agree and acknowledge that you are solely responsible for conducting a full and diligent review of any and all legal, accounting, regulatory or tax-related implications that may result from your use of the platform and it is your responsibility to ensure that you order the products on the platform which suits your needs. Prior to accessing the platform, we recommend that you consult with a qualified professional who is fully aware of your circumstances.
    • 30.8. In the event that any limitation or exclusion of liability in this Agreement is not enforceable, our total liability for any claim arising out of or relating in any manner to the access and/or use (or inability to access and/or use) of the platform is limited to RM 100 only. We do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.

  3. Right to Investigate
    • 31.1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this Agreement or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.
    • 31.2. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.
    • 31.3. Periodically, we are obliged to undertake due diligence checks on the users to which we provide ongoing services. Should any of our checks result in the discovery of illegal or unethical conduct, we reserve the right to terminate the provision of our service to you, your access to, or use of, the platform, without notice.

  4. Force Majeure
    • 32.1. You acknowledge and agree that we have no control over the availability of the platform on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto. We are not responsible or liable for failure or delay of performance caused by the act of war, hostility, or sabotage; an act of God; electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; pandemic, epidemic or any other event that is beyond our reasonable control, whether foreseeable or not (“Force Majeure Event”).
    • 32.2. Where the access to the platform is interrupted or we are unable to perform the services offered on the platform for a continuous period of more than twenty-one (21) calendar days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.

  5. Invalidity and Severability
    • 33.1. If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:
      • 33.1.1. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
      • 33.1.2. the remaining provisions of this Agreement shall remain in full force and effect; and
      • 33.1.3. the parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

  1. Termination of User Account

You may choose to terminate your User Account by giving us notice in writing (including via email at [cs_my@support.bullmart.com]). Our approval to such termination application is subject to you completing all the outstanding transactions on the platform, including payment and receipt of the products ordered. 

  1. Assignment
    • 35.1. You may not assign, transfer or sub-contract any of your rights and obligations under this Agreement to any other person without our prior written consent.
    • 35.2. We may assign, transfer or sub-contract all or any of our rights and obligations under this Agreement at any time without your consent to:
      • 35.2.1. our subsidiary or related/affiliated company;
      • 35.2.2. an acquirer of our equity, business or assets; or
      • 35.2.3. a successor by merger.

  1. Waiver

If a party waives any right under this Agreement, it must be done in writing. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Agreement does not operate as a waiver of another breach of the same term or any other term in this Agreement.

  1. Equitable Remedies

You acknowledge that the rights granted, and obligations made under this Agreement to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone. As such, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

  1. Governing Law and Jurisdiction

This Agreement is governed by, and construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

  1. Entire Agreement

This Agreement, our Privacy Policy and other agreements, policies and rules posted on the platform constitute the entire agreement between you and Bullmart with respect to the platform and supersede all prior or contemporaneous understanding and agreements, whether written or oral, with respect to the platform. This Agreement creates no third-party beneficiary rights.

  1. Electronic Communication
    • 40.1. For contractual purposes, you consent:
      • 40.1.1. to receive communications from us in an electronic form via the last email address you have submitted to us; and
      • 40.1.2. that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
    • 40.2. Notice will be deemed given twenty (24) hours after:
      • 40.2.1. the e-mail is sent to the last email address that you have provided to us; or
      • 40.2.2. the notice is posted on the platform.

  1. Copyright and Trademark Information

Copyright © 2020 Bullmart. All trademarks, logos and service marks (“Marks”) displayed on the platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

  1. How To Contact Us With Questions?
    • 42.1. We welcome your feedback, suggestions and questions (“Feedback”). If you wish to contact us for any matters relating to the platform, including matters relating to cashbacks, group bonuses, functionalities of the platform, etc., or if this Agreement requires you to give notice to us in writing, please send an email to hello@bullmart.com.
    • 42.2. You may also contact our Customer Service via our social media and multi-chat channels for any enquiry. We are currently on Facebook, Instagram, WhatsApp, Messenger, WeChat, Telegram, and LINE. Our experienced customer service representatives will be ready to guide you with any enquiries you may have.
    • 42.3. For the avoidance of doubt, if you have any questions in relation to the products (including in relation to its description, quality, safety, functionality, lawfulness, etc.), delivery of the products, or refund or return of the products, please contact the Vendors directly.
    • 42.4. If you provide us with any Feedback, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.