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GET https://trademevip.com/search

<form action="https://trademevip.com/search" method="GET" class="stop-propagation">
  <div class="d-flex position-relative align-items-center">
    <div class="d-lg-none" data-toggle="class-toggle" data-target=".front-header-search">
      <button class="btn px-2" type="button"><i class="la la-2x la-long-arrow-left"></i></button>
    </div>
    <div class="input-group">
      <input type="text" class="border-0 border-lg form-control" id="search" name="keyword" placeholder="I am shopping for..." autocomplete="off">
      <div class="input-group-append d-none d-lg-block">
        <button class="btn btn-primary" type="submit">
          <i class="la la-search la-flip-horizontal fs-18"></i>
        </button>
      </div>
    </div>
  </div>
</form>

POST https://trademevip.com/subscribers

<form class="form-inline" method="POST" action="https://trademevip.com/subscribers">
  <input type="hidden" name="_token" value="dKRf6FTRVLKGE2vUleK046QHohZLsPZ10L0qQTXj">
  <div class="form-group mb-0">
    <input type="email" class="form-control" placeholder="Your Email Address" name="email" required="">
  </div>
  <button type="submit" class="btn btn-primary"> Subscribe </button>
</form>

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SELLER POLICY PAGES

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 * "Seller Policy"

1. Definitions and Interpretation

 

1.1 The following terms used in this Agreement (including these General Terms
and Conditions) or any document referred to herein shall have the following
meanings, unless otherwise expressly defined herein or therein: "Agreement"
means the form attached to these General Terms and Conditions
for trademe Merchant Registration, including any schedules, addenda or other
attachments attached to any of the foregoing "Applicable Law" means any
applicable law, statute, regulation, order, judgment or guideline adopted or
issued by Congress, the Government or any competent court or authority of the
United States, as it now exists or will exist in the future; " Business Day"
means any day other than a Saturday, Sunday or public holiday in the United
States; "Contribution" has the meaning ascribed to it in Section 6 of these
General Terms and Conditions; "Customer Account" means the Customer's registered
account on the cms platform "Driver" means the party that delivers the Products
ordered by Customer through the trademe Platform; "Effective Date" means the
date on which trademe approves Merchant's submission of the trademe Merchant
Registration Form. "Merchant Outlet" means the restaurant or place of business
owned, managed and registered by Merchant to enable the trademe Services, as may
be amended and added to from time to time in accordance with the agreement
between the parties; "Merchant Details" means the details of Merchant as set out
in the Agreement "Merchant SOP" means the standard operating procedures for
Merchant's use of the trademe Services, as may be modified from time to time
in trademe' sole discretion, with or without notice; "Merchant Wallet" means the
funds held by Merchant at cms for holding transaction funds Net Sales" means the
total price of the products in a transaction, excluding any taxes (including,
without limitation, any sales and service taxes): (a) net of any discounts
offered by merchants on the trademe Platform; (b) excluding merchant service
fees, merchant surcharges and other fees recorded in trademe' or its affiliates'
systems, if any and where applicable. other fees, if any and as applicable;
"Order" means an order for Products placed by a Customer on
the trademe Platform; "Parties" means, collectively, the cms and the Merchant,
and "Party" means either " means either party; "Products" means the food and/or
beverages sold by Merchant through the trademe Platform; "Service Fee" has the
meaning given to it in Section 7.1 of these General Terms and Conditions.
"trademe Platform" means the e-commerce platform operated by trademe on its
mobile application or website (trademehope.vip); "trademe Platform" means the
e-commerce platform operated by trademe on the trademe  "Transaction" means any
transaction in which a Customer orders and pays for a Product from a Merchant
through the trademe Platform; and "Transaction Funds" means the total amount
paid by a Customer for a transaction through the trademe Service on
the trademe Platform. 1.2 In the Agreement (including these General Terms and
Conditions): (a) a reference to a statutory provision shall include that
provision and any statute made thereunder, whether before or after that date,
which modifies or re-enacts the terms of this Agreement from time to time, and
shall also include any past statutory provision or statute (as modified or
re-enacted from time to time) which such provision or statute directly or
indirectly supersedes (b) references to "writing" or "writing" include any
visible means of reproduction; (c) references to "including" shall be construed
as "including but not limited to"; (d) references to "terms" or "schedules" are
to the following terms or schedules: these General Terms and Conditions (unless
the context requires otherwise); (e) references to "terms" or "schedules" are to
the following terms and conditions (unless the context requires otherwise)
Unless the context otherwise requires, words importing the singular shall
include the plural and vice versa and words importing a particular gender shall
include the other gender (male, female or unisex). 1.3 Headings in the Agreement
(including these General Terms and Conditions) are inserted for convenience only
and shall not affect the construction of the Agreement.

 

 

2. Scope

 

The Agreement to which these General Terms and Conditions are attached contains
the terms under which the trademe Services are provided (as may be amended from
time to time).

 

 

3. Term

 

This Agreement shall continue in full force and effect for a period of one (1)
year from the Effective Date and shall automatically renew for a period of one
(1) year unless either party gives at least thirty (1) years written notice to
the other party. 30) days prior to the expiration of any term.

 

 

4. trademe Service Description

 

4.1 Merchant acknowledges and agrees that the trademe Services provided
by trademe are limited to (a) referring Customers to Merchant; (b) acting as an
intermediary between Customers and Merchant, accepting orders and receiving
payments from Customers on behalf of Merchant; and (c) acting as an intermediary
between Customers and Merchant, including communicating orders and making
payments from Customers to Merchant. trademe may, in its sole discretion, make
changes to the trademe may, in its sole discretion, make changes to
the trademe Services or suspend the trademe Services without notice.

 

4.2 trademe shall display on the trademe Platform the range of products offered
by Merchant, provided that the range has been communicated to trademe and meets
the criteria that trademe has separately determined and communicated to
Merchant.

 

4.3 Merchant shall provide trademe with all information necessary for trademe to
display Products on the trademe Platform, including menus, products, product
availability at any Merchant Outlet, Merchant Outlet hours of operation and
location, logos, images, prices and company logos as required
by trademe ("Required Information "). For the avoidance of doubt, if Merchant
fails to provide trademe with the Required Information, trademe has the right to
use any information available to trademe, including any images associated with
products on the trademe platform. Any changes to such information must be
communicated to trademe by Merchant no later than seven (7) business days prior
to the effective date of the change.

 

4.4 Merchant shall continuously verify the information posted by cms and shall
immediately notify cms of any errors or inaccuracies (within one (1) hour of
discovering the error or inaccuracy). For the avoidance of doubt, Merchant's
menu, products, logos, images, prices, company identity and other information
related to Merchant may be available on the trademe Platform and in other media
(including, but not limited to, Twitter, Facebook and Google AdWords campaigns).

 

4.5 merchant acknowledges and agrees that cms does not provide shipping services
and does not act as a shipping service provider, courier, postal service
provider, delivery service provider, caterer or agent for any
party. trademe makes no representations or warranties and does not guarantee the
quality, safety and/or legality of any products. trademe does not guarantee the
identity of any customer or ensure that a customer will complete a transaction.

 

4.6 merchant acknowledges and agrees that the actual contract for the sale of
merchandise is between merchant and customer directly and that cms is not a
party to such contract and does not assume any responsibility, obligation or
liability in connection with any such contract and any Disputes arising out of
any Products are solely between Merchant and the relevant Customer.

 

4.7 Merchant must process any refunds and/or claims arising from the
Transaction, including but not limited to chargebacks. cms may assist Merchant
with the refund and/or claims process and Merchant further agrees that cms may,
at its sole discretion, refund funds from the Transaction to the Customer
without Merchant's prior approval.

 

4.8 cms reserves the right to suspend a particular Transaction and/or Customer's
account and/or Merchant's Wallet and/or the trademe Service if cms believes that
any of the following has occurred.

 

(a) trademe determines that it is necessary or desirable to protect the security
of the Customer Account and/or Merchant Wallet and/or trademe Services.

  

(b) If trademe believes that a Transaction (i) violates the terms of this
Agreement or breaches the security requirements of the Customer Account and/or
Merchant Wallet and/or trademe Services; (ii) is a suspicious, unauthorized or
fraudulent transaction related to activities including, but not limited to,
money laundering, terrorist financing, fraud or other illegal activities.

 

(c) If the transaction is for the sale of goods and/or services that are not
part of Merchant's agreed products or business activities or are deemed to be in
violation of applicable law.

 

(d) if Merchant engages in activities that are prohibited under Merchant SOP or
any other policy of cms or under any applicable law; or

 

(e) otherwise in connection with cms' compliance with any Applicable Law.

  

4.9 trademe may, in its sole discretion, provide periodic education to Merchant
regarding the development of the trademe Services, including any changes or
additions to the trademe Services facilities.

 

4.10 trademe reserves the right to deduct from the transaction funds the service
fees to which trademe is entitled and donations, if any, for providing
the trademe Services through the trademe Platform.

 

4.11 If trademe provides any equipment to Merchant in connection with the
provision of the trademe Services ("Equipment"), including but not limited to
electronic data capture (EDC), Merchant agrees that it shall be responsible for
such Equipment and shall be obligated to return it in good condition
to trademe upon termination of the trademe Services. More detailed information
regarding the use of the Equipment, technical and operational support and/or
problem resolution related to the Equipment may be provided by trademe in the
Merchant SOP and/or posted by trademe on the trademe Platform, which will apply
and bind both parties.

 

 

5. Obligations

 

5.1 Merchant shall register as a merchant using the trademe Merchant
Registration Form or any other means determined by trademe. Merchant shall
integrate the trademe Services into the Merchant Outlet and operate in
accordance with trademe' instructions and policies, as may be amended from time
to time. 5.2 Merchant shall not permit any transactions in any products or items
prohibited and restricted by applicable law or cms policy. 5.3 Merchant shall
retain records related to transactions for at least seven (7) years from the
date the transaction occurs. 5.4 Merchant shall Conduct its business and operate
Merchant Outlet in accordance with applicable law and ensure that its operations
are not prohibited by applicable law. 5. 5 Merchant shall at all times possess
all relevant licenses and permits to conduct Merchant's business, including any
food safety laws and regulations. Merchant must notify cms immediately (no later
than one (1) hour after receipt of such notice) if Merchant becomes aware of any
violation of its business or if the relevant authorities find that its business
is in violation of any Applicable Law. 5.6 Merchant represents and warrants to
cms that (a) to its knowledge, it has not received funds in connection with any
illegal, fraudulent, deceptive or manipulative act or practice, and that
Merchant has not provided funds to or from illegal sources. To the extent
Merchant is made aware of any such transactions, Merchant agrees to immediately
notify cms of the suspension of any such transactions and/or Customer accounts
and/or Merchant wallets; (b) the information posted on the trademe Platform in
connection with the Products complies with all legal requirements, including all
information related to the protection and welfare of customers and any laws and
regulations related to the sale of food products; (c) the information Merchant
provides to cms information is current and accurate and does not infringe upon
the intellectual property rights of any third party; (d) the products offered,
prepared and sold to customers are of merchantable quality and safe for
consumption and their storage, production and preparation comply and will comply
with all relevant retail, restaurant and food safety regulations as well as
by trademe and any applicable laws; (e) has all licenses required by current
laws and regulations and have no ongoing criminal, bankruptcy or tax proceedings
or other penalties pending in connection with Merchant's business operations;
and (f) will not solicit data and/or information from customers or others in any
way on behalf of cms and/or its affiliates without the prior written approval of
cms and/or its affiliates. 5.7 If any product is spoiled, defective, or causes
food poisoning, allergies, or other consequences affecting any customer,
merchant will assume full responsibility and/or liability for such events and
shall release and indemnify cms from and against any claims, damages or losses
related to such matters. 5. persons") owned or controlled by a person who is
currently the subject of any sanctions imposed or enforced by applicable
governmental authorities in the United States (collectively, the "Sanctions ")
and is not located, organized or residing in a country or territory currently
subject to sanctions. Merchant shall not use the trademe Services in any manner
that would cause any party to violate the Sanctions. Merchant and its
subsidiaries and affiliates have not knowingly entered into any transaction or
transaction with any person or party, or in any country or territory, that is or
has been the subject of a Sanction at the time of the transaction or
transaction. 5.9 Merchant agrees that it and its affiliates shall conduct their
business in compliance with applicable laws relating to anti-corruption laws and
shall not take any action, directly or indirectly, that could result in a
violation of such laws, including, but not limited to, directly or indirectly,
provide, offer or promise anything of value to any governmental authority or
government official that could result in a violation of any such law. Merchant
and its Affiliates shall at all times operate in compliance with all material
aspects of applicable laws relating to anti-money laundering and financial
record keeping and reporting requirements. 5.10 Merchant shall not: (a) decode
or reverse engineer any of the systems of the cms or the cmsFood Platform; (b)
perform any act that could cause damage and/or disruption to the systems
of trademe or the trademe Platform ; and (c) perform any act designed to copy,
reproduce and/or steal information and/or data
from trademe Services, trademe and/or Customers. 5.11 Merchant agrees to
participate in trademe's promotional and marketing activities, including
co-funded events ("Events organized by trademe ( "Promotions")"). If Merchant
wishes to withdraw from participation in a Promotion, Merchant shall notify cms
customer service of its intent and complete an opt-out form. trademe shall
process withdrawal requests within fourteen (14) days of receipt of a completed
opt-out form. 5.12 Merchant shall be responsible for maintaining the
confidentiality of any and all identification, passwords, personal
identification numbers (PINs) or any other codes used to access Merchant's
Wallet. Merchant shall be solely responsible for all activity that occurs under
its Merchant Wallet, even if such activity or use is not performed by
Merchant. trademe is not responsible for any loss or damage resulting from the
unauthorized use of merchant credentials or the merchant's failure to comply
with these Terms.

 

 

6. trademe Co-Sponsored Events

  

If Merchant participates in the Campaign, Merchant's contribution to the
Campaign ("Contribution") shall be based on each net sale recorded in
the trademe system. cms shall notify Merchant of its share of the relevant
Campaign by email or any other means determined by cms in its sole discretion.

 

 

7. Fees and Taxes

 

7.1 In consideration for the trademe Services provided by trademe, Merchant
shall pay trademe a service fee ("Service Fee") as described in
the trademe Merchant Registration Form. The Service Fee shall be charged for
each net sale based on a successful transaction recorded in the cms system. The
Service Fee does not include any service and sales tax (SST) and Merchant shall
be responsible for any taxes charged by trademe in connection with the Service
Fee.7.2 The terms of settlement of funds for transactions, net of service fees,
contributions (if any) and/or other fees (if any), will be further set forth in
the Merchant SOP and will be subject to change at the sole discretion of cms.
7.3 Unless otherwise provided by applicable law, for certain reasons, and unless
otherwise provided by applicable law, Merchant hereby authorizes trademe and/or
its Affiliates to initiate debit or credit entries to Merchant Wallet at any
time by written notice to Merchant, which shall include the following: (a) to
correct any errors in the processing of any transactions and/or instructions
provided by Merchant to cms, including but not limited to double payment; (b)
where cms determines that Merchant has engaged in any fraudulent or suspicious
activity and/or transaction; (c) in connection with any reward or rebate; (d) in
connection with any uncollected fees or contributions, if any; (e) in connection
with the resolution of any transaction dispute, including any compensation due
to or from Merchant; and (f) for any other reason related to any transaction as
determined by cms in the future. 7.4 trademe may, in its sole discretion, modify
the Service Fee, Contribution or any other applicable fees, or include any
additional fees at any time by written notice to Merchant.7. Taxes") and
undertakes to pay all such taxes promptly. If Merchant fails to pay taxes and
cms is required to pay such taxes and, if applicable, any related penalties, cms
shall have the right to recover such amounts paid by cms.

 

 

8. Intellectual Property Rights

 

8.1 trademe and/or its licensors retain and shall retain all of their right,
title and interest in and to all copyright, trademark and other intellectual
property rights therein and related thereto, except as expressly granted to
Merchant in the Agreement. 8.2 Merchant grants trademe a worldwide,
non-exclusive, royalty-free, non-transferable license during the term of this
Agreement only to reproduce, use, and display the intellectual property licensed
by or for the performance of this Agreement to Merchant. Merchant hereby
warrants and represents that it owns or has the right to use and sublicense any
Intellectual Property used or licensed to trademe. 8.3 Merchant represents and
warrants that it owns or is the lawful licensee of all Intellectual Property
used under this Agreement and that it does not infringe or violate the
proprietary or intellectual property rights of any third party, and that no
other party will claim the same ownership of such Intellectual Property. 8.4 All
reports, specifications and other similar documents prepared or prepared in the
course of this Agreement, including documents, materials relating to
the trademe Services and any derivative of any Intellectual Property Rights
granted by either party, shall be the absolute property of such Agreement.
Attendance at parties throughout the preparation process and at any time
thereafter. For the avoidance of doubt, all intellectual property rights present
in all reports, specifications and other similar documents set forth herein
shall remain the property of the relevant party at all times. 8.5 Each party
warrants to the other that it will not use any of the other party's trademarks
in connection with any marketing activities, including, but not limited to,
promotional activities, without the prior written consent of the other party.
Notwithstanding the foregoing, trademe shall have the right to use Merchant's
trademarks to promote the trademe Services and related promotions on all
platforms, in all media, worldwide.

 

 

9. No Warranty

 

9.1 the trademe services are provided "as is" without any representation or
warranty, express, implied or statutory. trademe and any of its subsidiaries and
affiliates, officers, directors, agents, joint ventures, employees and suppliers
expressly disclaim any implied warranties of title, merchantability, fitness for
a particular purpose and non-infringement. trademe has no control over the
products paid for through the trademe service. trademe does not guarantee
continuous, uninterrupted or secure access to any part of the food service, and
the operation of the trademe website may be temporarily suspended for
maintenance or upgrades or disrupted by numerous factors beyond trademe'
control. trademe will use reasonable efforts to to ensure timely processing of
the trademe service, but trademe makes no representations or warranties as to
the amount of time required to complete processing.9.2 trademe shall not be
liable for any: (a) suspension or refusal to accept any payment
that trademe reasonably believes to be fraudulent or not properly authorized;
(b) receipt of payment instructions that contain incorrect or improperly
formatted information; (c) hardware, software, mobile devices and/or Internet
connections are not functioning properly due to (including, without limitation,)
viruses, outages or other forms of system disruptions (such as unauthorized
access by third parties); (d) any of the circumstances set forth in Section 4.8.
(a) any suspension or refusal to accept payments that cms reasonably believes to
be fraudulent or not properly authorized; (b) receipt of payment instructions
containing incorrect or incorrectly formatted information; (c) hardware,
software, mobile devices and/or Internet connections that are not functioning
properly due to (including, without limitation,) viruses, interruptions or other
forms of system disruptions (such as unauthorized access by third parties); (d)
any of the circumstances set forth in Section 4.8. (a) any suspension or refusal
to accept payments that cms reasonably believes to be fraudulent or not properly
authorized; (b) receipt of payment instructions containing incorrect or
incorrectly formatted information; (c) hardware, software, mobile devices and/or
Internet connections that are not functioning properly due to (including,
without limitation,) viruses, interruptions or other forms of system disruptions
(such as unauthorized access by third parties); (d) any of the circumstances set
forth in Section 4.8. interruptions or other forms of system disruptions, such
as unauthorized access by third parties; (d) any of the circumstances set forth
in Section 4.8 Interruptions or other forms of system disruptions, such as
unauthorized access by third parties; (d) any of the circumstances set forth in
Section 4.8.

 

 

10. Confidentiality and Personal Data

 

10.1 Each Party shall keep confidential and shall not disclose to any person or
disclose or provide directly or indirectly for its own benefit or for the
benefit of any other person (except for the proper performance of its
obligations under this Agreement) any Confidential Information disclosed,
provided or otherwise made available to the Receiving Party by or on behalf of
the Disclosing Party. "Confidential Information confidential and proprietary
products or information, intellectual property, business plans, operations or
systems, financial and trade status, details of customers, suppliers, debtors or
creditors, information affiliates relating to the Disclosing Party or any of its
officers, directors or employees, marketing information, printed materials,
tariffs and rate schedules, contracts, regardless of form, format or medium
whether machine-readable or human-readable, including in written, oral or
tangible form, and also including information communicated or obtained through
meetings, documents, correspondence or inspection of tangible items. This
provision shall not apply to any Confidential Information disclosed, provided or
otherwise made available by the Disclosing Party that is in the public domain
and shall cease to apply to any information that subsequently becomes publicly
available, except as a result of any breach by the Receiving Party. 10.2 The
Receiving Party may disclose Confidential Information to (a) its directors and
employees to the extent that their duties would require them to have access to
such Confidential Information, provided that the Receiving Party shall instruct
such directors and employees to treat such Confidential Information as
confidential and shall not use such Confidential Information for any purpose
other than the proper performance of their duties; (b) its external auditors,
attorneys and professional advisors, and the Receiving Party shall ensure that
persons to whom such information is disclosed are contractually bound by the
provisions of this clause and include corresponding confidentiality provisions
in their employment and other applicable contracts.10.3 This Agreement The
Parties shall comply with their respective obligations as data users and data
processors as required by all applicable laws and the privacy policies available
on the cms platform in connection with any personal data relating to this
Agreement. For the purposes of this Agreement, " 3 the parties hereto shall
comply with their respective obligations as data users and data processors as
required by all applicable laws and any privacy policies available on the cms
platform in relation to personal data in connection with this Agreement. For the
purposes of this Agreement, " 3 The parties hereto shall comply with their
respective obligations as data users and data processors as required by all
applicable laws and any privacy policies available on the cms platform in
relation to personal data in connection with this Agreement. For the purposes of
this Agreement, "Personal Data" means personal data with the meaning given to
it, controlled by the Data User and required or requested by the Data Processor
to provide services for the performance of this Agreement; "Data Processor", in
relation to Personal Data, means the Data Processor who processes Personal Data
solely on behalf of the Data Data User" means any person (other than an employee
of Data User) who processes Personal Data solely on behalf of Data User and does
not process Personal Data for any personal purpose; and "Data User" means a
person who, alone or jointly or with others, processes any Personal Data or
controls or authorizes the processing of any Personal Data but does not include
the Data Processor. 10.4 The confidentiality obligations under this Article 10
shall not apply after the termination of the Agreement and/or after the
termination of the Agreement. The confidentiality obligations under this Article
10 shall survive termination of the Agreement and/or until the Confidential
Information enters the public domain.

 

 

11. Force Majeure

 

11.1 The parties release all obligations and delays in work caused by force
majeure. "Force Majeure" means any unforeseen, unavoidable event and/or
extraordinary circumstances beyond the reasonable control of the Parties,
including but not limited to epidemics or pandemics (except for
epidemics/pandemics of Coronavirus Disease 2019 (Covid-19)), natural disasters,
war, insurrection, invasion, sabotage, mass disturbances, and the existence of
government regulations in monetary matters directly affecting the performance of
the Agreement. 11.2 If either party delays or is unable to perform its
obligations under this Agreement due to an event of force majeure, it shall
notify the other party in writing as soon as possible after the occurrence of
the event of force majeure.

 

 

12. Termination

 

12.1 Each Party may terminate this Agreement immediately if: (a) the other Party
files a petition for bankruptcy, becomes insolvent or enters into any
arrangement or settlement or assignment for the benefit of its creditors, or a
receiver or administrator is appointed over such Party or its business, or such
Party voluntarily (other than by reorganization or merger) or by compulsory
liquidation; (b) in the event of a material breach of this Agreement by the
other Party, or if the non-breaching Party believes such breach can be cured and
an opportunity to cure is provided, but such breach is not cured within thirty
(30) days from the date of notice of such breach by the defaulting Party;
(c) trademe suspects any unlawful conduct, illegal and/or fraudulent acts
committed by Merchant and/or Merchant's employees or agents; (d) the other Party
violates or fails to comply with any applicable law that may adversely affect
the non-defaulting Party in any material respect affecting the non-breaching
party in any material respect, including any food safety or other regulations
relating to restaurants and/or meals; and (e) 30 (thirty) days prior written
notice to the other party for any reason or no reason. 12.2 Termination of
the trademe Services shall not relieve or limit Merchant's or trademe'
obligations, liabilities and responsibilities arising prior to such termination.
12.2 Termination of the trademe Services shall not relieve or limit Merchant's
or trademe' obligations, liabilities and responsibilities arising prior to such
termination. 12.2 Termination of the trademe Services shall not relieve or limit
Merchant's or trademe' obligations, liabilities and responsibilities arising
prior to such termination.

 

 

13. Operations

 

13.1 Merchant shall not assign any of its rights under this Agreement to anyone
without the prior written consent of cms. 13.2 Merchant shall not permit anyone
else (other than Customer) to use the cmsFood Services without the prior written
consent of cms. 13.3 The provisions of this Agreement shall be binding on the
parties and their respective successors and permitted assigns. 14. RELATIONSHIP
OF PARTIES; DRIVER AS Independent Contractor 14.1 Nothing in this Agreement
shall be construed to create a partnership, joint venture or agency relationship
between Merchant and cms. Neither party has the authority to enter into any type
of agreement on behalf of the other party.14. 2 The third party agreement under
which Driver agrees to provide delivery services to Customer is an independent
agreement between Customer and Driver and Driver is not an employee or agent of
cms. trademe is merely an intermediary between Customer and Driver.14.
3 trademe does not provide any transportation services and is not liable to
either party for any act, omission, failure, tardiness or refusal to provide
transportation by Driver. 14.4 trademe does not and shall not guarantee the
safety, reliability, compatibility or competence of the driver during the
performance of his or her obligations to deliver products from merchant to
customer. accordingly, merchant hereby holds cms harmless and releases cms from
any and all liability, claims, causes,

 

 

15. indemnification

 

Merchant shall indemnify cms, its affiliates and their respective officers,
directors, employees, agents and third party contractors ("Indemnified Parties")
from and against any losses, liabilities, costs and expenses suffered or
incurred by the Indemnified Parties as a result of any claim made or threatened
or threatened by a third party (including full reimbursement of any legal and
professional fees) in connection with any product, merchant using
the trademe Services or the trademe Platform and/or any breach of any provision
of this Agreement, except to the extent caused by trademe' negligent, malicious
or willful misconduct. Notwithstanding any other provision herein, the parties
agree that neither party shall be liable to the other party for any loss of
profits, goodwill, business opportunities and anticipated savings, or any
indirect or consequential loss or damage suffered or incurred by either party.

 

 

16. Governing Law; Dispute Resolution

 

This Agreement shall be governed by the laws of the United States. If any
dispute, controversy, claim or disagreement of any kind arises between the
Parties in connection therewith ("Notice of Dispute"), the Parties shall
attempt, within thirty (30) days of receipt by one Party, to resolve such
dispute first through mutual discussions between the senior management of the
Parties by (1) notifying the other Party of the existence of the dispute. If the
dispute cannot be resolved by mutual discussion within thirty (30) days, it
shall be submitted to arbitration and final resolution by the Asian
International Arbitration Center ("AIAC")") pursuant to the AIAC Arbitration
Rules then in effect, which are deemed to be incorporated herein by reference.
There will be one (1) arbitrator, to be jointly appointed by the Parties. If the
parties are unable to agree on an arbitrator, the arbitration shall be appointed
by the Director of AIAC in accordance with the AIAC Rules. The language of the
arbitration shall be English. The place and venue of the arbitration shall be
Kuala Lumpur, USA. The parties agree that Part III of the Arbitration Act of
2005 shall not apply to this Agreement or to arbitration proceedings arising out
of this Agreement. This Agreement and the rights and obligations of the parties
shall remain in full force and effect pending the determination of any
arbitration proceedings under this Agreement.

 

 

17. Notices

 

17.1 All notices under this Agreement shall be given by personal delivery,
registered mail sent by overnight courier or e-mail to the following address:
(a) if sent to trademe: trademe Mobile Malaysia Sdn. Bhd. Level 25, Menara
Southpoint, Mid Valley City , 59200, Kuala Lumpur, Malaysia. e-mail:
legal.my@trademe.vip  

 

Note: Group General Counsel (b) if sent to a merchant, to the address listed in
the merchant's details or by such other method or means as trademe may
determine. 17.2 All notices under this Agreement shall be deemed to have been
duly served: (a) if delivered by hand, when left at the address required by this
Section 17; (b) if sent by overnight courier, on the second (2nd) business day
after pickup by courier; (c) if sent by overnight courier, on the second (2nd)
business day after pickup by courier; and (d) if sent by overnight courier, on
the second (2nd) business day after pickup by courier. business day; and (c) if
sent by email, on the day it is sent, so long as such email is sent before 5:00
p.m. on a business day in the United States; if sent after 5:00 p.m. on a
business day or on a non-business day, it is deemed to be delivered on the next
business day. In the event that Merchant sends a notice via email

 

 

18. No Waiver

 

A party's failure to enforce any provision of this Agreement shall not be
construed as a waiver of such provision or of the right to enforce such
Agreement or any other provision. No waiver shall be construed as a continuing
waiver.

 

 

19. Severability

 

If any part of this Agreement is invalid, illegal or unenforceable, that part
shall be severed from the remainder of this Agreement and the remainder shall
remain valid and enforceable to the fullest extent permitted by applicable law.

 

 

20. Entire Agreement   

 

This Agreement (including all attachments and other documents referenced herein,
including but not limited to Merchant SOPs and trademe' Standard Operating
Procedures for the provision of the trademe Services) represents the entire
agreement between the parties with respect to its subject matter, and the
parties hereto shall be bound thereby. Everything not set forth in this
Agreement shall be set forth in the Merchant SOP or any other document posted by
cms on the cms Platform. the merchant sop is an integral part of this agreement,
and by agreeing to this agreement, merchant agrees to abide by the merchant sop.
if there is any discrepancy between any provision of this agreement and any
provision of the trademe platform or the merchant sop on the trademe platform
regarding the provision of the trademe service, the provisions of the merchant
sop shall control.

 

 

 

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