Seller Policy Pages

Top Parts Merchant Terms of Service 

1. Introduction

1.1 The following terms and conditions apply to Merchant’s use of the Services. This terms of service (“Terms of Service”) is a contract between Top Parts and you (“you”, “your", "Merchant”) who registered a Merchant Account with us and it governs your use of all Services (defined below). Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our"). BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

We have the right to revise these Top Parts Terms of Service by providing 21 days’ notice to you. Your continued use of the Services, this Platform, or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

2. INTERPRETATION

2.1 In this Terms of Service, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:

Application” means the mobile application operated by Top Parts or its affiliate (as amended from time to time) for the provision of Services;

Card or Payment Scheme” means any card payment systems (such as VISA, MasterCard, American Express or others) or bank payment scheme (such as direct banking system, direct debit system or bank transfer system);

Merchant Account” means Merchant’s registered electronic money account(s) held with Top Parts or bank account designated by Merchant (as the case may be);

Merchant Product/Service” means any product or service offered by Merchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;

Merchant Registration Form” means the registration form completed and signed by Merchant for the Services;

Services” means electronic payment solutions via the internet and all other products and services offered by Top Parts through any other means; and

Transaction” means any transaction between Merchant and its customer using the Services for the purchase of goods and/or services from Merchant.

2.2 Headings are for convenience only and shall not affect the construction or interpretation of this Terms of Service.

3.SERVICES

3.1 Merchant acknowledges and agrees that:

(a) Top Parts operates solely as a payment intermediary and: (i) under no circumstances acts as a seller, purchaser, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent or merchant of Merchant Product/Service; and (ii) makes no representations or warranties and does not ensure the quality, safety and/or legality of any Merchant Product/Service. Top Parts does not guarantee the identity of any customers or ensure that a customer will complete a Transaction;

(b) any dispute arising out of any Merchant Product/Service is between the sender and receiver of the funds and/or the supplier and receiver of the goods or services. Any Transaction in relation to the Merchant Product/Service shall only obligate the Merchant. Top Parts shall not be a party to any dispute including but not limited to disputes over performance and liability issues relating to the delivery, quality, quantity or use of the Merchant Product/Service. Top Parts may, on a case by case basis and at the customer’s own costs expenses, facilitate the customer to request from the Merchant any refund paid for the goods and/or services by the customer. The Merchant is responsible for knowing whether a Transaction is erroneous or suspicious, you agree to conduct all necessary acts to ensure the Transaction is genuine.

(c) Top Parts Services, including its payment gateway service, only facilitate the execution of payments from a customer to Merchant.  Any payment monies collected from customers and received by Top Parts shall be settled and transferred into the Merchant Account within a fixed timeframe on a daily, weekly, biweekly or monthly basis, as agreed by the Parties after deduction of any fees due to Top Parts including any applicable taxes and/or duties. Merchant agrees to be responsible for all the costs, expenses, fees and/or bank charges applicable to the settlement and transfer.

3.2 Merchant is aware that the receipt of a payment into the Merchant Account does not amount to the receipt of cleared funds. Merchant remains liable to Top Parts for the full amount of the payment and any fees deducted therefrom if the payment is later reversed for any reason (“Reversal Amount”). In the event of a payment reversal, Top Parts is entitled to debit the Merchant Account with the Reversal Amount and any applicable third party chargeback or reversal fee. If Top Parts is unable to fully recover the Reversal Amount and/or the applicable third party chargeback or reversal fee from the Merchant Account (including any monies transferred into it after the payment reversal), Merchant is required to repay the Reversal Amount and/or any negative balance of the Merchant Account by depositing funds into such Merchant Account to ensure that the Reversal Amount and/or any negative balance can be fully recovered by Top Parts. Failure to do so is a breach of these Terms of Service. Repayment of the Reversal Amount and/or any negative balance is due immediately without notice. Top Parts reserves the right to, at any time, demand repayment by Merchant for such amount.

3.2A. Merchant is aware that there is a risk of loss or stolen money through the Application. You agree and acknowledge that while Top Parts will provide and suggest certain security controls, we cannot guarantee that you will never be a victim of aforementioned scenario.You are solely responsible for losses you incur from such loss or stolen money from any fraudulent activities engaged with you. We may assist you with recovering the lost funds, but you are solely responsible for such losses due to loss or stolen money through the Application, unless such losses result from our wilful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the loss or stolen money.

3.3 Top Parts reserves the right to suspend, at any time and at its sole discretion, the Merchant Account and/or the Services in any of the following circumstances:

(a) where Top Parts believes it is necessary or desirable to protect the security of the Merchant Account and/or the Services;

(b) if any Transactions are made which Top Parts in its sole discretion deems to be (i) made in breach hereof or in breach of the security requirements of the Merchant Account and/or the Services; or (ii) suspicious, unauthorized or fraudulent, including but without limitation to, money laundering, terrorism financing, fraud or other illicit activities;

(c) upon the insolvency, liquidation, winding up, bankruptcy, entrance into receivership or dissolution of Merchant, or where Top Parts considers that there is a reasonable likelihood for any of the foregoing to occur;

(d) if the Transactions are for the sale of goods and/or services which fall outside of the agreed business activities of Merchant, or where Merchant fails to deliver such goods and/or services, and/or where Merchant is engaged in third party processing and not delivering goods and/or services itself; or

(e) otherwise in connection with Top Parts’s compliance with any applicable laws and regulations.

3.4 In the event that Top Parts suspends the Merchant Account and/or the Services provided to Merchant, Top Parts may reinstate the same and, where necessary, provide new security details such as a password, as soon as practicable after the reason for the suspension ceases to exist.

4.OBLIGATIONS

4.1 Merchant shall open and maintain a Merchant Account by registering as a merchant with Top Parts. Merchant shall integrate the Services into its operations and operate the same in accordance with Top Parts’s instructions. Merchant shall be responsible for maintaining adequate security and control of any and all identifications, passwords, personal identification numbers (PINs), or any other codes that Merchant uses to access the Services.

4.2 Merchant shall not receive payments as consideration for delivery of restricted item including but not limited to :

a. Adult media and/or services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;

b. Body parts which includes organs or other body parts;

c. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;

d. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;

e. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;

f. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;

g. Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts;

h. Offensive goods, which includes literature, products or other materials that: (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors (b) Encourage or incite violent acts (c) Promote intolerance or hatred;

i. Offensive goods, crime that includes crime scene photos or items, such as personal belongings, associated with criminals;

j. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;

k. Any product or service, which is not in compliance with all applicable laws and regulations in Malaysia

l. Any products or services subject to UN Security Council’s sanctions.

m. Crowdsourcing and crowdfunding businesses, lending clubs, offering equity or rewards of any kind.

n. Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.

o. Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.

p. Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services.

4.3 Merchant shall cooperate with Top Parts at Merchant’s cost to investigate any suspicious illegal, fraudulent or improper activity related to any Transactions.

4.4 At any time, for the purpose of complying with applicable law, Merchant shall provide