STOREHUB MERCHANT TERMS OF USE

SECTION A - GENERAL TERMS

  1. APPLICATION OF TERMS

    1. These Terms (as defined herein) apply to the Merchant’s (as defined below) access and use of the Service (as defined below). By setting up an account with us, accessing and/or using the Service, you agree that you have read, understood and agreed to these Terms and these Terms shall constitute a legally binding agreement between you and StoreHub (as defined below). If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.

    2. The Merchant must be of 18 years or older or at least the age of majority in the jurisdiction where the Merchant resides or from which the Merchant uses the Service.
  2. CHANGES

    1. We may change these Terms at any time by notifying you of the changes by email or by posting a notice on the Website (as defined below). Unless stated otherwise, the changes take effect from the date set out in the notice. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you are bound by the revised Terms, whether or not reviewed by you.
    2. These Terms were last updated on [10 June] 2021.
  3. INTERPRETATION

    In these Terms, unless the context otherwise requires, the following words and phrases shall have the following meanings assigned to them:
    1. "Applicable Data Protection Laws" means the personal data protection or data privacy laws (as amended from time to time) of the relevant country where the Merchant operates in, including those that are set out in the table below:
      Country Applicable Data Protection Laws
      Malaysia Personal Data Protection Act 2010
      Singapore Personal Data Protection Act 2012
      Thailand Personal Data Protection Act B.E. 2562 (2019)
      The Philippines Data Privacy Act of 2012
      Countries not listed above Personal Data Protection Act 2012 of Singapore
      For the avoidance of doubt, in respect of a Merchant who operates in a relevant country other than Malaysia, Singapore, Thailand and the Philippines where there is not in existence any applicable data protection laws, the Applicable Data Protection Laws shall be the Personal Data Protection Act 2012 of Singapore.
    2. "Applicable Governing Courts" means the courts of laws and justice of the relevant country where the Merchant operates in, as set out in the table below:
      Country Applicable Governing Courts
      Malaysia Courts of Malaysia
      Singapore Courts of Singapore
      Thailand Courts of Thailand
      The Philippines Courts of the Philippines
      Countries not listed above Courts of Singapore
      For the avoidance of doubt, in respect of a Merchant who operates in a relevant country other than Malaysia, Singapore, Thailand and the Philippines, the Applicable Governing Courts shall be the Courts of Singapore.
    3. "Applicable Governing Laws" means the applicable laws (as amended from time to time) of the relevant country where the Merchant operates in, as set out in the table below:
      Country Applicable Laws
      Malaysia Laws of Malaysia
      Singapore Laws of Singapore
      Thailand Laws of Thailand
      The Philippines Laws of the Philippines
      Countries not listed above Laws of Singapore
      For the avoidance of doubt, in respect of a Merchant who operates in a relevant country other than Malaysia, Singapore, Thailand and the Philippines, the Applicable Governing Laws shall be the laws of Singapore.
    4. "Beepit Platform" means the online food delivery platform at Beepit.com, including all subdomains and components thereof and its mobile applications (if any), as updated from time to time.
    5. "Beep Delivery Service" means the provision of food ordering and delivery booking services through the Beepit Platform.
    6. "Confidential Information" means any information that is not available to the general public and that is obtained from the other party in the course of, or in connection with, the provision or use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the StoreHub Software. Your Confidential Information includes the Data.
    7. "Data" means all photos, data, content, and information (including Personal Information) owned, held, used, provided or created by you or on your behalf that is stored in, used, or inputted into, the Service, including the Purchaser’s data.
    8. "Delivery Service Providers" means, in respect of the Beep Delivery Service, independent third party food delivery service providers appointed by StoreHub.
    9. "Fees" means, collectively, the Subscription Fees and the Service Fees.
    10. "Force Majeure" includes acts of God, strikes, lockout, quarantine, epidemics, pandemics, state of war, war, blockades, revolutions, riots, insurrections, lightning, fire, storm, floods, earthquakes, explosions, embargoes, restriction of movement, power outage, breakdown of internet service, government restraint or regulation and any other cause whether of the kind specifically referred to in this definition or otherwise which is not reasonably within the control of a party rendering the performance of these Terms or the Service illegal, impossible or impracticable, excluding:
      1. an event to the extent that it could have been avoided by the relevant party taking reasonable steps or reasonable care; or
      2. an event arising from a lack of funds for any reason.
    11. "include", "including", (or other similar term) do not imply any limitation and general words introduced by the word "other" (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
    12. "Intellectual Property Rights" includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered, registrable and unregistered trade and service marks, rights in logos, designs and design rights, circuit layouts, data and databases, confidential information, trade secret, know-how, all rights of whatsoever nature in computer software and data, all rights of privacy and intangible rights and privileges of a nature similar or allied to any of the foregoing, and all other rights resulting from intellectual activity, in every case in any part of the world and whether or not registered (and including all granted registrations and all applications for registration in respect of any of the same). "Intellectual Property" has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
    13. "Listing Commencement Date" means, in respect of the Beep Delivery Service, the date a Merchant is listed on the Beepit Platform.
    14. "Merchant" means the person accessing or using the Service, and where the person is a body corporate or entity other than an individual, the person accessing or using the Service on behalf of the body corporate or entity is an authorised representative of the such body corporate or entity.
    15. "Merchant Privacy Policy" means our merchant privacy policy available from time to time on the Website at storehub.com/privacy.
    16. "Objectionable"includes being objectionable, defamatory, obscene, pornographic, antagonistic, bigotristic, provocative, racist, blasphemy, harassing, threatening, harmful, or unlawful in any way.
    17. a party includes that party’s permitted assigns, successor-in-title and lawful representative.
    18. a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
    19. "Personal Information"means information about an identifiable, living person. This includes but is not limited to name, nationality, telephone number, bank and credit card details, personal interests, email address, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information.
    20. personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
    21. "Purchase Amounts" means the purchase price actually paid by the Purchasers to and received by us for purchases from your StoreHub Store or from your restaurant listed on the Beepit Platform, as the case may be.
    22. "Purchaser" means a person who purchases or attempts to purchase goods or services from you through the Service.
    23. "Sales Tax" means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law.
    24. "Service" means, collectively, the StoreHub Service and the Beep Delivery Service .
    25. "Service Fees" means the applicable fees in relation to the use of the Beep Delivery Service as may be updated from time to time in accordance with Clause 4.4 of Section C of these Terms.
    26. "Start Date" means the date that you set up an account with us for the StoreHub Service.
    27. "StoreHub Service" means the provision of point of sale (POS) and e-commerce services having the core functionalities described on the Website at storehub.com, storehub.me, storehubhq.com, as updated from time to time, including StoreHub POS and StoreHub eCommerce.
    28. "StoreHub Software" means the software owned by us (or our licensors) that is used to provide the Service.
    29. "StoreHub Store" means the Merchant’s electronic commerce store on StoreHub eCommerce, one of the core functionalities of the StoreHub Service.
    30. "Subscription Fees" means the applicable fees in relation to the access and use of the StoreHub Service as set out on our pricing page on the Website at storehub.com/pricing or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with Clause 3.6 of Section B of these Terms.
    31. "Taxes" means all applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, including Sales Tax.
    32. "Terms" means these terms titled StoreHub Merchant Terms of Use together with the Merchant Privacy Policy.
    33. "Third Party Providers" means the independent third parties who provide the relevant solutions to you through the Service.
    34. "Underlying Systems" means the StoreHub Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks provided by the Third Party Providers.
    35. “We”, “us”, “our” or “StoreHub” means OneStoreHub Pte Ltd, Singapore (Company Registration Number 201606993C) and its related entities including but not limited to StoreHub Sdn Bhd, Storehub Philippines Inc., and StoreHub (Thailand) Co Ltd. (as the case may be).
    36. "Website" means the internet site at storehub.com, storehub.me, storehubhq.com, beepit.com or such other site notified to you by us, including all subdomains and components thereof and their respective mobile applications (if any), or as the context permits or requires, either one of them.
    37. "Year"means a 12-month period starting on the Start Date or the anniversary of that date and ending on the day immediately preceding the anniversary of the Start Date or the subsequent anniversary thereof (as the case may be).
    38. Words in the singular include the plural and vice versa.
    39. References to "you" or "your" is to a Merchant, except where the context specifically requires otherwise.
    40. References to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
  4. PROVISION OF THE SERVICE

    1. We must use reasonable efforts to provide the Service:

      1. in accordance with these Terms and the Applicable Governing Laws;
      2. exercising reasonable care, skill and diligence; and
      3. using suitably skilled, experienced and qualified personnel.
    2. Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
    3. Subject to Clause 4.4 below, we must use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website advance details of any unavailability. In such event, we shall not be liable nor shall be deemed to be in breach for any delay or failure or for any consequence of delay or failure in the performance of these Terms.
    4. Through the use of web services and application program interfaces (APIs), the Service interoperates with a range of third party service features provided by Third Party Providers ("Third Party Services"). We do not make any warranty or representation on the availability of those features and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, StoreHub may receive a revenue share from Third Party Providers that StoreHub recommends to you or that you otherwise engage through your use of the Service. Without limiting the generality of the foregoing, if a Third Party Provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you without any liability. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
  5. YOUR OBLIGATIONS

    1. You and your personnel must:

      1. use the Service in accordance with these Terms solely for:

        • your own internal business purposes; and
        • lawful purposes without violating any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your Purchaser’s jurisdiction or the Applicable Governing Laws; and
      2. not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
    2. When accessing the Service, you and your personnel must:

      1. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
      2. correctly identify the sender of all electronic transmissions;
      3. not attempt to undermine the security or integrity of the Underlying Systems;
      4. not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
      5. not attempt to view, access or copy any material or data other than:

        • that which you are authorised to access; and
        • to the extent necessary for you to use the Service in accordance with these Terms;
      6. neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
      7. be responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account with us.
    3. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
    4. If you are given a unique name and/or password (User ID), you must keep your User ID secure and:

      1. not permit any other person to use your User ID, including not disclosing or providing it to any other person;
      2. will not hold us liable for any loss or damage from your failure to maintain the security of your User ID and/or password; and
      3. immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to care@storehub.com.
    5. You are solely responsible for all access and use of your account with us and/or the Service under your registered account, even if the access or use is by another person with or without your authorisation. We shall not be liable for any loss or damage incurred by you, other user of the Service and/or any third party as a result of or in connection with the unauthorised access, use, alteration or removal of your account with us and/or the Service under your registered account.
    6. You must use the Service in accordance with all procedures we may notify to you from time to time.
    7. A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you. You agree to assume full responsibility and liability for, and to indemnify and hold harmless us and/or our personnel from, any damage or loss suffered by us, our personnel, yourself, other user of the Service and/or any third party as a result of or in connection with a breach of any of these Terms by you and/or your personnel.
    8. You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
    9. You are solely responsible for all your dealings with the Purchasers, including any contracts to sell or otherwise make available goods or services. We do not take any part in the sale or purchase of any items other than providing the StoreHub Stores and the Beepit Platform as a venue for the Merchants and Purchasers, and as set out in Clause 1.8 of Section B and Clause 4.2 of Section C of these Terms. We do not act as agent for either party except as set out in Clause 6.4 of Section A, Clause 1.8 of Section B and Clauses 1.1 and 4.2 of Section C of these Terms. We give no undertakings, representations, guarantees or warranties in relation to items listed, sold or purchased using the Service.
    10. The Service allows you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) ("SMS Services" ). You shall only use the SMS Services in compliance with these Terms, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
    11. You must not post, sell or transact any item or service that is prohibited or restricted by a federal, state or local law in your jurisdiction through the Service (including the StoreHub Store or the Beepit Platform). We have listed some categories of prohibited or restricted items and services in Malaysia, Singapore, Thailand and the Philippines in Schedule 1 of these Terms. You are responsible for ensuring that you are not posting, promoting, selling or transacting with any Purchaser an item or service that is prohibited by law in the relevant jurisdiction.
    12. The list of prohibited or restricted goods as set out in Schedule 1 of these Terms are not exhaustive and shall be updated on a continuous basis. If you are unsure about the product you wish to sell by using the Service in regard to its appropriateness or legality, please contact us by sending an email to care@storehub.com.
  6. DATA

    1. You acknowledge that:

      1. we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
      2. to the extent that this is necessary but subject to Clause 8 below, we may authorise a member or members of our personnel to access the Data for this purpose.
    2. You must arrange all consents and approvals that you are responsible to collect only from your end (i.e. your website) where applicable and that are necessary for us to access the Data as described in Clause 6.1 above.
    3. You acknowledge and agree that during the term of your engagement of the Service and subject to Clause 8 below:

      1. we may:

        • use Data and information about your, your end users’, and Purchasers’ use of the Service to develop and improve our Service, offer our products and services to you, assist partnerships to offer new services and features to you and your end users’ and generate anonymised and aggregated statistical and analytical data (collectively, "Analytical Data").
        • use the Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights.
        • provide advertisers with reports about the kinds of people seeing their advertisements and how their advertisements are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an advertisement was seen by a woman between the ages of 25 and 34 who lives in Kuala Lumpur and likes software engineering) to help them better understand their audience. We also confirm which advertisements led you to make a purchase or take an action with an advertiser.
        • provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys.
      2. notwithstanding anything to the contrary, you may at any time withdraw your consent to us from processing any Personal Information of yours or to any part or portion of the same by sending us an email at care@storehub.com of the notice of withdrawal in accordance with the Applicable Data Protection Laws. We shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of our other legal obligations; and
      3. the title to, and all Intellectual Property Rights in, the Analytical Data is and remain our property.
    4. You acknowledge and agree that to the extent Data contains personal information:

      1. in collecting, holding and processing that information through the Service, we are acting as your agent for the purposes of the Applicable Data Protection Laws. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms; and
      2. we will deal with Data that is Personal Information in accordance with the Merchant Privacy Policy.
    5. While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
    6. You agree that we may store and transmit Data (including any personal information) outside of the country, state, or province in which you are located.
    7. You shall indemnify us against any liability, claim, proceeding, cost, expense and loss of any kind arising from any actual:

      1. by a third party that any Data (including your possession or use of Data) infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading; and
      2. by any person relating to your dealings with Purchasers, including contracts for the sale of goods or services.
  7. INTELLECTUAL PROPERTY

    1. Subject to Clause 7.2 below, the title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems are and remain our property (or our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
    2. The title to, and all Intellectual Property Rights in, the Data (as between the parties) are and remain your property. You grant us a, non-exclusive, royalty-free, limited licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms, including making available to others the Data you post publicly for the purposes of your StoreHub Store or provided to us by you for your offerings on the Beepit Platform, during the term of your engagement of the Service.
    3. If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (collectively "Feedback"):

      1. all Intellectual Property Rights in the Feedback, and anything created as a result of the Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
      2. we may use or disclose the Feedback for any purpose at our sole and absolute discretion.
    4. You grant us a non-exclusive, royalty-free and non-transferable licence to use your business name and related trade marks to promote and market the Service during the term of your engagement of the Service.
    5. You acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
  8. CONFIDENTIALITY

    1. Each party must, unless it has the prior written consent of the other party:

      1. keep confidential at all times the Confidential Information of the other party;
      2. disclose or use all and any Confidential Information solely for the purpose of provision and use of the Service, unless otherwise is expressly permitted by these Terms;
      3. effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
      4. disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, Clauses 8.1(a) and 8.1(b) above.
    2. The obligation of confidentiality in Clause 8.1 above does not apply to any disclosure or use of Confidential Information:

      1. for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
      2. required by law (including under the rules of any stock exchange), order or decree by a court or tribunal of competent jurisdiction, or a formal request by a regulatory authority, to the extent so ordered or required only;
      3. which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
      4. which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
      5. by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this Clause 8; or
      6. which is approved in writing by the disclosing party for release.
  9. WARRANTIES

    1. Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
    2. To the maximum extent permitted by law:

      1. our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, our liability for them is limited to USD100.00; and
      2. you use the Service at your own risk, and we make no representation concerning the quality of the Service and do not promise that the Service will:

        • meet your requirements or be suitable for a particular purpose;
        • be secure, free of viruses or other harmful code, uninterrupted or error free; or
        • produce accurate or reliable results that may be obtained from the use of the Service.
    3. You agree and represent that you are subscribing to and/or using the Service, and accepting these Terms, for the purpose of trade. The parties agree that:

      1. to the maximum extent permissible by law, any applicable consumer protection legislation does not apply to the supply of the Service or these Terms; and
      2. it is fair and reasonable that the parties are bound by this clause 9.3.
    4. Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, such condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:

      1. supplying the Service again; and/or
      2. paying the costs of having the Service supplied again.
    5. We do not provide any warranties with respect to the Third Party Services (including its performance). You acknowledge that StoreHub has no control over the Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. StoreHub does not guarantee the availability of the Third Party Services and you acknowledge that StoreHub may disable access to any Third Party Services at any time in its sole discretion and without notice to you. StoreHub is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Services.
    6. If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your Data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. StoreHub is not privy to any separate the transaction or agreement between you and the Third Party Providers and is not responsible for any disclosure, modification or deletion of your Data or other materials, or for any corresponding losses or damages you may suffer as a result of access by a Third Party Service or a Third Party Provider to your Data or other materials and/or as a result of the separate transaction or agreement between you and such Third Party Providers.
    7. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and StoreHub is not obligated to intervene in any dispute arising between you and a Third Party Provider , unless the dispute is due to the Beepit Platform system glitch which StoreHub must take responsibility of and is obliged to resolve the problems together.. Any complaints between you and the Third Party Providers must be taken up with each other directly.
    8. You agree to indemnify and hold us and (as applicable) our officers, directors, agents and, employees, ("StoreHub Indemnified Persons") harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
    9. The relationship between you and any Purchaser is strictly between you and the Purchaser, and StoreHub is not privy to the transaction or agreement between you and the Purchaser and is not obligated to intervene in any dispute arising between you and the Purchaser. We will assist to handle and facilitate Purchasers’ complaints but no responsibility of any kind is taken or assumed by us in doing so. Any complaints between you and the Purchaser are encouraged to be taken up with each other directly. You agree to indemnify and hold us and (as applicable) the StoreHub Indemnified Persons harmless from any claim or demand, arising out of your relationship with a Purchaser , unless such claim or demand is due to the BeePit Platform system glitch which StoreHub must take responsibility of and is obliged to resolve the problems together.
    10. You represent and warrant to us the Data transmitted, inputted or stored in the course of accessing or using the Service does not breach or infringe any third party rights (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading. You agree to indemnify and hold us and (as applicable) the StoreHub Indemnified Persons harmless from any claim or demand, arising out of your breach of this warranty.
    11. You represent and warrant to us that you shall not post, sell or transact, through the Service, any items or services (including, without limitation, the prohibited or restricted goods in Schedule 1) that are prohibited by law in the applicable jurisdictions. You agree to indemnify and hold us and (as applicable) the StoreHub Indemnified Persons harmless from any claim or demand, arising out of your breach of this warranty
  10. LIABILITY

    1. Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort, breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year. The cap in this clause 10.1 is inclusive of the cap set out in Clause 9.2a.
    2. Neither party is liable to the other under or in connection with these Terms or the Service for any:

      1. loss of profits, revenue, savings, business, use, data (including Data), and/or goodwill; or
      2. consequential, indirect, incidental or special damage or loss of any kind.
    3. Clauses 10.1 and 10.2 above do not apply to limit our liability under or in connection with these Terms for:

      1. personal injury or death;
      2. fraud or willful misconduct; or
      3. a breach of Clause 8 above.
    4. Clause 10.2 does not apply to limit your liability:

      1. to pay the Fees;
      2. under the indemnity in clause 6.7; or
      3. for those matters stated in clauses 10.3a to 10.3c above.
    5. You acknowledge and agree that we are not liable under any form of liability in connection with your dealings with the Purchasers, including any contract to sell or otherwise make available goods or services.
    6. Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
    7. Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.
    8. The Service, the Beepit Platform, the Website and/or the Underlying Systems, may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Third Party Provider being faulty, not connected, out of range, switched off or not functioning or due to a temporary, short term or interim Force Majeure. StoreHub is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
    9. StoreHub shall in no event be accountable or liable for any damage to or loss of the device/hardware of the Merchant upon the Merchant taking ownership, possession and/or control of the device/hardware.
  11. FRAUDULENT OR SUSPICIOUS ACTIVITY

    1. In the event that StoreHub reasonably believes that you have engaged in or are engaging in any potentially fraudulent, illegal, criminal or suspicious activity and/or transactions when using the Service or that you have breached or are breaching these Terms, we may take various actions to protect ourselves, our personnel, any other user of the Service and/or any third party, including but not limited to the following actions:

      1. terminating, suspending, or limiting your access and/or use of your account with us and/or the Service;
      2. blocking, suspending or declining the processing of any transaction (including payment transaction, whether via debit/credit card, online banking or otherwise) that we reasonably believe to be potentially fraudulent, illegal, criminal, suspicious or in breach of these Terms;
      3. refusing to provide all or any Service to you now and/or in the future; and
      4. withholding any sum payable by us to you pursuant to the Service and/or these Terms for a period of time reasonably needed to protect against the risk of our or our personnel’s liability to any user of the Service or third party as a result of or in connection with your activity or transaction that we reasonably believe to be potentially fraudulent, illegal, criminal, suspicious or in breach of these Terms.
    2. You agree to provide us with cooperation and assistance that is necessary or appropriate for us to conduct any financial crime screening or criminal investigation or to comply with any internal investigation, formal requests of regulatory authorities, order, judgement or decree of a court or tribunal of competent jurisdiction or applicable laws and regulations.
  12. GENERAL PAYMENT TERMS

    1. If the processing of any payment transaction fails for any reason or if any payment made by you or a Merchant is subjected to any chargeback, reversal, claim or otherwise invalidated, we shall not be liable for any such funds or any applicable fees or fines for remittance of funds. You agree that we have the sole right (or work with the relevant payment instrument issuer where the context so requires) to determine the appropriate party who shall be liable for such chargebacks, reversals, claims or any other associated fees or fines. You further agree that we may withhold the amount of the potential or actual chargeback, reversal or claim pending our investigation result. In the event that you shall be liable for such chargebacks, reversals, claims or any other associated fees or fines, we may apply any of your payment withheld by us under any provision of these Terms to compensate the injured Merchant or cardholder for such sums and we will provide the relevant supporting evidence to you. You shall pay us the full amount of any chargeback, reversal or claim for which you are liable and any associated fees, fines, costs or expenses incurred by us for collection of such amounts.
    2. If you have any outstanding amount due and payable to StoreHub, we may debit your account with us to pay any such outstanding amount, with or without prior notice to you. If you receive more than the correct amount to which you are entitled, we may debit your account with us for the difference between what you actually received and what you should have received.
    3. The relationship between you and your payment instrument issuer is strictly between you and such payment instrument issuer, and StoreHub is not obligated to intervene in any dispute arising between you and the payment instrument issuer. Any complaints between you and the payment instrument issuer must be taken up with each other directly.
    4. Without prejudice to the generality of the foregoing provisions, StoreHub reserves the right to withhold any payment made by you to a Purchaser or any third party for one hundred eighty (180) days, if StoreHub reasonably believes that you have engaged in or are engaging in any suspicious transaction or when you fail to provide sufficient evidence to prove the identity of the Merchant or the third party receiving such payment.
  13. GENERAL

    1. We reserve the right to refuse Service to anyone for any reason at any time.
    2. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
    3. No person other than you and us has any right to a benefit under, or to enforce, these Terms. These Terms does not give rights to any third parties who are not a party to these Terms.
    4. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
    5. Subject to Clause 6.4 above, Clause 1.8 of Section B and Clauses 1.1 and 4.2 of Section C, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
    6. If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing care@storehub.com.
    7. These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the Applicable Governing Laws. Each party submits to the non-exclusive jurisdiction of the Applicable Governing Courts in relation to any dispute connected with these Terms or the Service.
    8. Clauses which, by their nature, are intended to survive termination or expiry of your engagement of the Service, including but not limited to Clauses 6.7, 7, 8, 9, 10 and 11, 12, 13 above, continue in force after the termination or expiry of your engagement of the Service.
    9. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
    10. These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date or the Listing Commencement Date (as the case may be). The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date or the Listing Commencement Date, as the case may be.
    11. You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved, subcontracting.
  14. BETA SERVICES

    1. From time to time, StoreHub may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services may be subject to additional terms and conditions, which StoreHub will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered as StoreHub’s Confidential Information and subject to the confidentiality provisions in this Agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without StoreHub’s prior written consent. StoreHub makes no representations or warranties that the Beta Services will function. StoreHub may discontinue the Beta Services at any time in its sole discretion. StoreHub will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. StoreHub may change or not release a final or commercial version of a Beta Service in our sole discretion.

SECTION B - ADDITIONAL TERMS IN RESPECT OF THE STOREHUB SERVICE

  1. SUBSCRIPTION FEES AND PURCHASE AMOUNTS

    1. In consideration of the Subscription Fees paid by you to us, we shall provide the StoreHub Service to you in accordance with these Terms. The Subscription Fees are non-refundable and non-transferable by us in any event and there is no obligation on the part of StoreHub to refund or credit all or any part of the Subscription Fees in any event which shall include but not limited to as follows:

      (a) you have changed your mind about an item/service;

      (b) you bought an item/service by mistake;

      (c) you found a better item/service;

      (d) you make a request on a goodwill basis;

      (e) you have a change in ownership or stakeholders; or

      (f) you would like to downgrade your service during your current billing cycle.

      All sales of hardware by us to you in order for you to access and use the StoreHub Service are final and no returns, cancellations or rejections of such hardware will be accepted or permitted. You must hold a valid credit card or bank account at all times to pay the Fees.

    2. We will provide you with valid Sales Tax invoices on a monthly basis prior to the due date for payment.
    3. The Subscription Fees exclude Sales Tax, which you must pay on taxable supplies.
    4. You must pay the Subscription Fees:

      1. monthly in advance; and
      2. electronically in cleared funds to our bank account without any set-off or deduction.
    5. The Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a "Billing Date"). Transaction fees and additional fees will be charged from time to time at StoreHub’s discretion and any such fees are non-refundable by us in any event. You will be charged on each Billing Date for all outstanding Subscription Fees that have not previously been charged. The Subscription Fees will appear on an invoice, which will be sent to the account owner via the email provided. Also, an invoice will appear on the account page of your StoreHub administration console. You have approximately two weeks to bring up and settle any issues with the billing of the Subscription Fees.
    6. Prices for using the StoreHub Services are subject to change upon 30 days’ notice from StoreHub. Such notice may be provided at any time by posting the changes to the website (storehub.com) or via email.
    7. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of the StoreHub Service, or the sale or other disposal of goods or services through the StoreHub Service. These Taxes are based on the rates applicable to the billing address you provide to us and are payable in addition to the Subscription Fees. If you are exempted from payment of such Taxes, you must provide us with satisfactory evidence of your exemption. Tax exemption will only apply from and after the date we receive evidence satisfactory to us of your exemption. If we do not charge you Taxes, you are responsible for determining if Taxes are payable, and if so, paying Taxes to the appropriate tax authorities in your jurisdiction.
    8. As part of the StoreHub Service, you authorise us to collect the Purchase Amounts from each Purchaser on your behalf for each purchase made through your StoreHub Store. You acknowledge and agree that our sole obligation in relation to the Purchase Amounts is to use reasonable endeavours to pay the Purchase Amounts to you, less any applicable Taxes we are obliged by law to deduct and pay to the applicable authorities. You also agree and accept that we are entitled to set off any outstanding Subscription Fees (including transaction fees and additional fees) against the Purchase Amounts.
  2. TERM, TERMINATION AND SUSPENSION

    1. Unless terminated under this Clause 2, your right to access and use the StoreHub Service (including any StoreHub Store):

      1. starts on the Start Date; and
      2. subject to Clause 2.2 below, continues until a party gives at least 24 hours’ notice that these Terms and your access to and use of the StoreHub Service will terminate on the expiry of that notice.
    2. Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the StoreHub Service if the other party:

      1. breaches any material provision of these Terms and the breach is not:

        • remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
        • capable of being remedied; or
      2. becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
    3. Termination or expiry of your engagement of the StoreHub Service does not affect either party’s rights and obligations that accrued before that termination.
    4. On termination of your engagement of the StoreHub Service, you must pay all Subscription Fees for the provision of the StoreHub Service prior to that termination.
    5. No compensation is payable by us to you as a result of termination of your engagement of the StoreHub Service for whatever reason, and you will not be entitled to a refund of any Subscription Fees that you have already paid.
    6. Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of your engagement of the StoreHub Service but subject to Clause 2.7 below, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
    7. Without limiting any other right or remedy available to us, we may, with or without prior notice to you, restrict or suspend your access to and use of the StoreHub Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:

      1. undermined, or attempted to undermine, the security or integrity of the StoreHub Service or any Underlying Systems;
      2. used, or attempted to use, the StoreHub Service:

        • for improper purposes; or
        • in a manner, other than for normal operational purposes, that materially reduces the operational performance of the StoreHub Service;
      3. transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party rights (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
      4. otherwise materially breached these Terms.
    8. Suspension or termination of your subscription to the StoreHub Service shall result in the suspension and/or termination of your access to and use of the Beep Delivery Service. For the avoidance of doubt, your suspension or termination from the use of the Beep Delivery Service in accordance with Clause 6 of Section C shall not result in an automatic termination of your subscription to the StoreHub Service.
    9. Clauses 2.3 to 2.8 above shall survive the termination or expiry of your engagement of the StoreHub Service.

SECTION C - ADDITIONAL TERMS IN RESPECT OF THE BEEP DELIVERY SERVICE

This section applies to the subscribers of the StoreHub Service who also use the Beep Delivery Service.

  1. PROVISION OF THE BEEP DELIVERY SERVICE

    1. Subject to these Terms, we provide the Beep Delivery Service to the Merchants who wish to list their restaurants on the Beepit Platform, whereby we are entitled to accept food order and delivery booking placed on the Beepit Platform by the Purchasers (“Food Order”) on the Merchants’ behalf. We do not act for or on behalf of the Purchasers.
    2. By utilising the Underlying Systems, we receive Food Orders from the Purchasers through the Beepit Platform, accept payments from the Purchasers, and transmit such Food Orders via a printer/tablet or electronic device application installed by us (or in exceptional circumstances, by phone) to the Merchants.
    3. StoreHub may carry out changes to the Beep Delivery Service, or suspend the Beep Delivery Service, without notice to you. StoreHub is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, the Beep Delivery Service.
  2. OUR OBLIGATIONS

    1. Subject to these Terms, to the extent that it has been communicated to us, we shall in our discretion present on the Beepit Platform the range of food and beverage items offered by each Merchant.
    2. Subject to Clause 2.3 below, whenever we receive a Food Order, we require that payment from the Purchaser be made together with such Food Order. The Purchaser has the option for his Food Order to be delivered to him by a Delivery Service Provider or to be available for pick up as a takeaway by him from the Merchants. If it is the former, we will procure a Delivery Service Provider to provide the delivery services. Thereafter, we will transmit the Food Order to you for food and/or beverage preparation purposes. The Delivery Service Provider will collect the prepared Food Order as a takeaway from you and deliver the Food Order to the Purchaser.
    3. In setting up its restaurant listing on the Beepit Platform, a Merchant is entitled to opt out from using the delivery services provided by the Delivery Service Providers. In such event, when we receive a Food Order and accept payment, we will transmit the Food Order to the Merchant directly without arranging for a Delivery Service Provider to collect the prepared Food Order from the Merchant and deliver to the Purchaser. If you wish to change this setting and opt for the delivery services of the Delivery Service Providers, you shall update us through our prescribed form of communication within 24 hours of such change so that we can carry out the necessary changes on the Beepit Platform.
    4. In order to maintain our reputation for quality and high standard of service, we reserve the right to immediately suspend or immediately terminate the relationship with you as a Merchant if you repeatedly receive bad reviews or complaints of failure to fulfill Food Orders.
  3. YOUR OBLIGATIONS

    1. You shall provide us with all the necessary Data to present your offering of food and beverage items on the Beepit Platform. Such Data includes, but is not limited to, your menu, logo, images, prices, company identity, owner’s full name and legal address (in respect of small businesses), company name, registered address, trade name, authorised signatory and tax identification number (in respect of corporations). You shall immediately communicate to us of any changes to such Data provided. You are required to verify the information published by us on the Beepit Platform in respect of your offering of food and beverage items and shall forthwith notify us if there are any mistakes or inaccuracies to the information so published.
    2. You guarantee, represent and warrant to us that the Data you provided to us for publication on the Beepit Platform relating to your offering of food and beverage items satisfies all the legal requirements and in particular, satisfies the information requirements for consumer protection. We are not required to publish your offering of food and beverage items on the Beepit Platform before all relevant information requested by us has been received.
    3. You shall process Food Orders with all reasonable care and skill and as soon as you have received a Food Order confirmation from us in accordance with Clause 2.2 above. To the best of your ability, you are required to keep your advertised food and beverage items available. In the event you are unable to fulfill a Food Order, you shall notify us through our prescribed form of communication in no later than 5 minutes from the time you received a Food Order confirmation, so that we can notify the Purchaser immediately, cancel the Food Order, refund the payment to the Purchaser and cancel the arrangement with the Delivery Service Partner (if applicable).
    4. You guarantee, represent and warrant to us that the food and/or beverage item provided, prepared and sold to Purchasers, are in good quality and safe for consumption. In the event any of your food and/or beverages are spoiled, which results in food poisoning, allergies or other effect that will harm the Purchasers, you will be personally responsible and/or legally liable for such incident, both material and immaterial, and you hereby release us from any claim related to such matter.
    5. You guarantee, represent and warrant to us that the products, food and/or beverage items offered by you are of high quality and the storage, production and preparation of your food and/or beverage items comply with all relevant restaurant and food safety, hygiene and sanitation regulations. If any violations are found by the relevant authorities, you shall notify us immediately and we reserve the right to suspend or terminate your access to the Beepit Platform in accordance with Clauses 6.2 and 6.3 below. You shall indemnify and release us for any claim related to such violations.
    6. You guarantee, represent and warrant to us that you will diligently keep up-to-date the range of food and beverage items offered and their prices on the Beepit Platform. The prices of the food and beverage items reflected on the Beepit Platform shall include the Sales Tax, if applicable, and represent the net amount payable by the Purchasers. For the avoidance of doubt, you shall not charge any service charges (for dine in) to the Purchasers.
    7. If you are Halal certified and wish to be presented as such on the Beepit Platform, you shall inform us in writing of this certification and provide us with a copy of the certification. If there are any changes to your status with regards to the Halal certification, you shall update us through our prescribed form of communication within 24 hours of any such changes so that we can carry out the necessary changes on the Beepit Platform. You acknowledge and agree that we shall not present you as a Halal certified restaurant on the Beepit Platform if you fail to furnish to us a valid and subsisting Halal certification issued by the relevant and competent authorities.
    8. You are responsible for the delivery fee payable to the Delivery Service Providers or the delivery service provider appointed by you (as the case may be). Should you impose a delivery fee on the Purchaser lower than the delivery fee charged by the Delivery Service Provider ("Shortfall Delivery Fees"), you shall be responsible for the amount equal to such Shortfall Delivery Fees.
    9. You agree that the Beep Delivery Service is provided on a reasonable effort basis.
  4. SERVICE FEES AND PURCHASE AMOUNTS

    1. In consideration of the provision of the Beep Delivery Service to you, you must pay us the Service Fees, in the manner set out in this Clause 4. The Service Fees are non- refundable by us in any event.
    2. You hereby grant us the authority to receive the Purchase Amounts paid by the Purchasers in your name and for your account.
    3. You hereby agree and accept that the Service Fees and other transaction fees(collectively, "Amounts Payable") as applicable to you will be calculated and paid by you and that no other fees or charges shall apply between the parties or towards the Purchasers. You hereby agree and accept that we are entitled to set off the Amounts Payable against the Purchase Amounts collected by us on your behalf through the Beepit Platform. Any Amounts Payable are non-refundable by us in any event.

    4. The Service Fees for using the Beep Delivery Service and the rate of the transaction fees are subject to change upon 30 days’ notice from StoreHub. Such notice may be provided at any time by posting the changes to the website (beepit.com) or via email.
  5. DELIVERY FAILURE

    1. In the event any Delivery Service Provider or the delivery service provider appointed by the Merchant (as the case may be) fails to deliver the Food Order in a proper state, the Purchaser shall be refunded for the spoiled Food Order. The amount of the refund to the Purchaser shall be agreed between us and the Purchaser, and such refunded amount shall be deducted from the Merchant’s Purchase Amounts. Any claim by the Merchant for such deducted amount shall not lie against us.
    2. In the event any Delivery Service Provider or the delivery service provider appointed by the Merchant (as the case may be) fails to deliver the Food Order to the Purchaser for any reason whatsoever, the Merchant shall decide whether to deliver the Food Order to the Purchaser itself or to cancel the order. If the Food Order is cancelled by the Merchant, we are entitled to refund to the Purchaser the payment made in respect of the cancelled Food Order, and such refunded amount shall be deducted from the Merchant’s Purchase Amounts. Any claim by the Merchant for such deducted amount shall not lie against us.
  6. TERM, TERMINATION AND SUSPENSION

    1. We shall list you as our Merchant on the Beepit Platform after our receipt of all the information requested under these Terms. We will inform you, in writing, of the Listing Commencement Date.
    2. We shall have the right to temporarily suspend your listing from the Beepit Platform, without penalty and liability, if:

      1. you have failed to pay the Subscription Fees in accordance with Clause 3 of Section B of these Terms; or
      2. in our reasonable opinion and with supporting evidence, you are in breach of any provisions of these Terms or may be negatively affecting our business.
    3. Either party may, by notice to the other party, immediately terminate these Terms and your right to use the Beep Delivery Service if the other party:

      1. breaches any material provision of these Terms and the breach is not:

        • remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
        • capable of being remedied; or
      2. becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
    4. Termination of your engagement of the Beep Delivery Service does not affect either party’s rights and obligations that accrued before that termination.
    5. On termination of your engagement of the Beep Delivery Service, we shall be entitled to set-off the Amounts Payable in accordance with Clause 4.3 for the provision of the Beep Delivery Service prior to that termination.
    6. No compensation is payable by us to you as a result of termination of your engagement of the Beep Delivery Service for whatever reason, save for any fault on our part, and you will not be entitled to a refund of any Amounts Payable that you have already paid.
    7. Except to the extent that a party has ongoing rights to use the Confidential Information, at the other party’s request following termination of your engagement of the Beep Delivery Service, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
    8. Clauses 6.4 to 6.7 above shall survive the termination of your engagement of the Beep Delivery Service.
  7. LIMITATION OF LIABILITY

    1. Notwithstanding any other provisions under these Terms, you agree to defend, indemnify (and keep indemnified) and hold harmless StoreHub and the StoreHub Indemnified Persons, harmless from and against any claims, damages, costs, judgments, losses or expenses (including reasonable attorneys’ fees), arising in relation to matters outside of its control, including but not limited to the quality of food and beverage items and services provided by you, the cleanliness, hygiene and sanitation of your food premises, food poisoning caused by your food and beverage items, incorrect food order preparation, delivery failure and any injury caused to any person in the course of you using the Beep Delivery Service. You further indemnify (and keep indemnified) StoreHub and the StoreHub Indemnified Person from any third party claim resulting from any violation of laws and regulations by you. You shall be solely responsible for any warranty in relation to, and quality of, the food and beverage items offered by you. This Clause shall survive the termination of your engagement of the Beep Delivery Service.
  8. DELIVERY SERVICE PROVIDER AS THIRD PARTY CONTRACTOR

    1. The Delivery Service Provider is not an employee or agent of StoreHub in any event.
    2. StoreHub does not provide any transportation services and shall not be held responsible whatsoever for the Delivery Service Provider’s action, negligence, failure, lateness, or rejection to provide transportation services, specifically food delivery service from the Merchant’s store to the Purchaser.
    3. StoreHub shall not guarantee nor be held liable for the safety, reliability, compatibility, or capability of the Delivery Service Provider during the deliverance of his/her obligation in delivering the food and/or beverage items from the Merchant's store to the Purchaser. Therefore, the Merchant shall hereby expressly agree to hold StoreHub and the StoreHub Indemnified Persons harmless and shall discharge StoreHub from any and all responsibility, claim, cause, or damage which occurs from such delivery services. This Clause shall survive the termination of your engagement of the Beep Delivery Service.

SCHEDULE 1

Prohibited or Restricted Items

MALAYSIA

  1. Adult Materials
    1. Sex Products

      • Sex toys: vibrator, dildo, penis ring
      • Sex dolls
      • Realistic looking/lifelike baby dolls
      • Sado masochism (SM) products: bondage, latex costume
      • Used underwear
    2. Information containing profane or vulgar language
    3. Items depicting or suggestive of bestiality, rapesex, incest, or sex with graphic violence or degradation:

      • Pornography
      • Adult video game
      • Adult service
      • Child pornography
  2. Weapons
    1. Knives: dagger, sword, concealed knives and weapons, automatic knife, lock knife, hunting knife, survival knife, diving knife, machete, kukri, parang, wasp knife, throwing knife, bayonet, other prohibited knives, toy or cosplay knives
    2. Other weapons: sickle, axe, leather/rattan/rope whips, stun gun/tasers, spear and spear head, blow pipe, nanchaky, tear gas spray, pepper spray or CS spray, flares, chain whip, baton, t baton, nightsticks, truncheons, knuckleduster, catapult/slingshot, crossbows, bow and arrows, other weapons
  3. Firearms and Munitions
    1. Fireamrs, minutions, military ordinance and heavy weapons: heavy ammo weapons, metal bullet, bomb, blank cartridges and dummy cartridges, other ammunitions
    2. Replicates and other firearms: BB or airsoft gun, paintball gun, tea gas gun, cap gun, starting pistol, spear gun, other lethal guns, antique firearms
    3. Craft and other items: Gun/bomb/bullet-shapped items, mini artillery
    4. Firearm accessories: Outside appurtenances, inside accessories
  4. Human Parts, Human Remains and Protected Flora and Fauna
    1. Human bodies, body parts and remains
    2. Products made by protected fauna and parts: all types of ivory, rhino horn and byproducts, pangolin and scales, wild alligator hide, products made from cats or dogs, bear biles, seahorses, live animal
    3. Protected flora
    4. Hunting and processing machine
  5. Collection, Artifacts and Precious Metals
    1. Precious metals: gold bar, silver bar, platinum bar, conflict minerals, conflict diamond
    2. Virtual currencies
    3. Materials and equipment used for the manufacture of financial products: currency - in circulation, currency - collectibles and paraphernalia, counterfeit currency machine, counterfeit currency, other counterfeit
    4. Nationally protected artifacts
  6. Cigarette and Alcohol
    1. Cigarette and other tobacco products: common tobacco products and other sisha/tobacco products
    2. Electronic cigarette (“e-cigs,” “vapes,” “e-hookahs,” “vape pens,” and “electronic nicotine delivery systems (ENDS)): e-liquid nicotine
    3. Electronic cigarette (“e-cigs,” “vapes,” “e-hookahs,” “vape pens,” and “electronic nicotine delivery systems (ENDS)): e-liquid without nicotine, e-cigarette tools, e-cigarette tool parts (require SIRIM approval and certification)
    4. Beer/Cider < 5% (unless a valid license is submitted to, and approved by, StoreHub)
    5. Other alcohol (unless a valid license is submitted to, and approved by, StoreHub)
  7. Illicit Drugs, Precursors and Drug paraphernalia
    1. Natural drugs: marijuana, opium, poppy seed, other illicit drugs
    2. Abusive language of drugs
    3. Steroids
    4. Drugs precursors: Class/Category 1, 2, 3 as per international standards
    5. Synthetic drugs
    6. Drug paraphernalia: bong for drugs, vaporizer for drugs, glass pipe for drugs
    7. Drug packaging material and other related products: drug packaging, marijuana leaf images or text, marijuana grow lights, other products related to drugs
  8. Circumvention Devices and Other Equipment Used for Illicit Purposes
    1. Circumvention devices: IP box, modchip, mobile booster/mobile signal, other circumvention devices
    2. Illicit purpose equipment: signal jammer, hacking tools/software, spy equipment, streaming media box (require license and SIRIM approval and certification)
  9. Flammable, Explosive and Hazardous Chemicals
    1. Radioactive substances
    2. Ozone depleting substances
    3. Explosive and flammable chemicals
    4. Explosive and detonation materials
    5. Restricted fireworks and firecrackers
    6. Toxic pesticides
  10. Gambling
    1. Gambling and gaming equipment: slot machine, scratch cards and lottery
    2. Online gambling related
  11. Illegal Service
    1. Illicit document: official identification document, other legal documents, personal information
    2. Illicit services: financial services, pyramid schemes, healthcare and medical services, agent services
  12. Medical Devices
    1. Beauty related (require license and product registrations): cosmetic needles, beauty medical devices, contact lens
    2. Medical related (require license and product registrations): dental medical devices, infusion and protective instruments, medical imaging equipment, patient caring equipment, surgical equipment
  13. Medical Drugs
    1. Over the counter drugs
    2. Prescription drugs
    3. Orally administered sexual enhancement supplements
    4. Regulated poisonous herbal medicines
    5. Illegal health products
  14. Offensive Material and Information detrimental to National Security
    1. National security or public order related: terrorism, communism related
    2. Political related: national secession, mocking political figures/royalty or propaganda, political figures/royalty and related symbols
    3. Racism: Nazism, other racist material
    4. Religious/culture related
  15. Sanctions
    1. Iran petroleum and petrochemical products
    2. Crude oil from Iran and China
    3. North Korea seafood and minerals
  16. Government, Law Enforcement and Military Issued Items
    1. Polica attire
    2. Police equipment: Net gun, police vehicles, fetters and handcuffs, police baton, other police items
    3. Armed forces items (including regular forces and voluntary forces)
  17. Controlled Products
    1. Surgical masks, thermometers, personal protective equipment - surgical (registration required)
    2. COVID-19 test kits
  18. Potentially Infringing Items

    Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties

SINGAPORE

  1. Animal and wildlife products (including, without limitation, wild animals)
  2. Artifacts and antiquities
  3. Used cosmetics
  4. Counterfeit currency and stamps
  5. Credit and debit cards
  6. Currency or credits including, without limitation, digital currency or credits, and stored value cards
  7. Drugs, prescription-only medicines, pharmacy-only medicines, drug-like substances and associated paraphernalia. List of prohibited medicines: Anadrol, Anavar, Bactroban Ointment 2%, Banocin, Beclo-Asma CFC Free Inhaler 250mcg, Beclo-Asma CFC-Free Inhaler 50mcg, Beprosalic Ointment, Beprosone Cream 0.05, Beprosone Ointment 0.064%, Betamethasone Ointment 0.05%, Betnovate Cream 0.1%, Boldenone, Candacort Cream, Candid-B Cream, Clenbuterol, Clobex Shampoo 0.05%, Clomid, Cutivate Cream 0.05%, Cypiotrex, Cytomel, Dalacin T Topical Gel, Dalacin T Topical, Gel 1%, Danabol, Deca durabol, Dermasone Cream 0.025%, Dermasone Cream 0.05%, Dermasone Cream 0.1%, Dermasone Scalp Lotion, Dermovate Cream 0.05%, Dermovate Ointment 0.05%, Dianabol, Diavobet cream, Differin Gel 0.1%, Difflam, Diprocel Ointment 0.05%, Diprogenta Cream, Durabolin, Efficort Lipocream 0.127%, Elidel cream, Elomet Cream 0.1%, Elomet Lotion 0.1%, Elomet Ointment 0.1%, Elomet Ointment 1%, Elosone Cream 0.1%, Enanthate, Enantrex, Epiduo Forte Gel 0.3%/2.5%, Epiduo Gel 0.1%/2.5%, Estrogen, Flixonase Aqueous Nasal Spray 0.05%, Flixotide Evohaler 50mcg, Foban Cream 2%, Foban Ointment, Foban Ointment 2%, Fobancort Cream, Fobancort Ointment, Fucicort Cream, Fucidin Cream 2%, Fucidin H Cream, Fucidin Ointment 2%, Gentrisone Cream, Halotestin, Hgh hygetropin, Hydrocortisone Cream, Hydrocortisone Cream 1%, Kefentech Plaster, Megavar, Melaquin Hydroquinone Cream, Mesviron, Nasacort AQ Nasal Spray, Nasacort AQ Nasal Spray 55mcg, Ovinum, Oxandrolonos, Proctosedyl Ointment, Protopic Oinment 0.03%, Protopic Ointment 0.1%, Proviron, Retacnyl 0.025 Cream 0.025%, Retacnyl 0.05 Cream 0.05%, Retacnyl Cream 0.025%, Retacnyl Cream 0.05%, Rozex Gel 0.7%, Rozex Gel 0.75%, Salbuair CFC-Free Inhaler 100mcg, Skinoren Cream 20%, Stanozolol, Supirocin Ointment 2%, Sustanon 240, 400, T3 Mycin Gel 1%, T3 Mycin Lotion 1%, Tamoxifen, Testoviron depot, Tidact Gel 1%, Travocort Cream, Tren A, Trenbolone, Tri-Luma Cream, Uniflex Cream 0.1%, Uniflex-N Cream, Univate Cream 0.05%, Univate Ointment 0.05%, Ventolin Evohaler 100mcg, Ventolin Respirator Solution 0.5%, Vizomet Cream, Vizomet Cream 0.1%, Winstrol depot, Zaricort Cream, ZzzQuil
  8. Telecommunication equipment that has not been registered with the Infocomm Development Authority of Singapore, and electronic surveillance equipment and other similar electronic equipment such as cable TV de-scramblers, radar scanners, traffic signal control devices, wiretapping devices and telephone bugging devices
  9. Embargoed goods
  10. Firearms, weapons such as pepper spray, replicas, and stun guns, etc.
  11. Alcohol (unless a valid license is submitted to, and approved by, StoreHub)
  12. Prohibited food: for the safety of the Purchasers, the Merchants may not list the following food and food-related items:

    1. Listings containing medicinal claims - that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals, contraception, inducing anaesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements)
    2. Noxious food items - food which contains any prohibited substances or substances in excess of permitted proportions, adulterated food without fully informing the Purchaser at the time of sale of the nature of the transaction
    3. Non-pasteurised dairy products
    4. Wild mushrooms; and
    5. Any other food items hazardous to human health

      Food not falling into the Prohibited Food category above must adhere to these minimum standards and guidelines:

      • Expiration dates – all food items must be clearly and properly labelled with an expiration or “use by” date. Expired food items must not be listed
      • Sealed containers – all food and related products sold on the Service should be packaged or sealed to ensure that the Purchaser can identify evidence of tampering or defect; and
      • Perishable food items - Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are properly packaged
  13. Government or police related items such as badges, insignia or uniforms
  14. Human parts or remains
  15. Lock-picking devices
  16. Lottery tickets
  17. Pesticides
  18. Potentially infringing items: items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties
  19. Prohibited services: the provision of services that are sexual, illegal in nature, in violation of these Terms, or are otherwise prohibited at StoreHub’s sole discretion
  20. Slot machines
  21. Recalled items
  22. Shares, stock, other securities and stamps
  23. Tobacco or tobacco-related products, including without limitation electric cigarettes
  24. Obscene, seditious or treasonous materials
  25. Publications, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery
  26. Stolen goods
  27. Mislabelled goods; and
  28. Any other items that are, or that contain components that are:

    1. illegal or restricted in the jurisdiction of the Purchaser and/or the Merchant or which otherwise encourage illegal or restricted activities, or
    2. determined by any governmental or regulatory authority to pose a potential health or safety risk.

THAILAND

  1. Animal and wildlife products (Including but are not limited to wildlife)
  2. Antiques under the law on trade of antiques and amulets
  3. Used cosmetics
  4. Foreign, Thai currency and counterfeit stamps
  5. Credit and debit cards
  6. Foreign currency Including but not limited to Digital currency Including government notes and coins for collecting
  7. Drugs, medicines (with and without a prescription), drugs and related sexual stimulants (unless permitted by relevant law)
  8. Products banned by law or government agencies or regulatory bodies in Thailand
  9. Firearms, weapons such as pepper spray weapons and stun guns etc.
  10. Alcoholic beverages (unless a valid license is submitted to, and approved by, StoreHub)
  11. Prohibited food products. For the safety of the Purchasers, the Merchants shall not list the following products and food-related products for sale through the Service:

    1. Dietary supplements or similar products which have been revoked by the Food and Drug Administration ("FDA") or products without FDA registration number
    2. Products containing medical claims, that claim that the product is intended for use in the diagnosis, treatment, relief, treatment or prevention of disease in humans and/or animals. Contraceptives cause asphyxia or prevent or interfere with the normal operation of the body's work processes, whether permanently or temporarily or by ending, reducing or postponing or increase or accelerate the operation of that work process or in any other way (such as medicines, contact lenses, fake supplementsunder any brand name or trademark )
    3. Hard food products: foods consisting of prohibited substances or substances exceeding the allowed quantity. The food contains impurities and the Purchaser is not notified or be made aware of during and after the completion of the transaction.
    4. Milk products that are not sterilized
    5. Wild mushrooms
    6. Other food products that are harmful to human health
    7. Food products that are not in the prohibited food category above must comply with these minimum standards and guidelines:

      • Expiration date - all food products must be clearly and appropriately labeled with the expiration date or "Use by date". Merchants must not offer expired food products
      • Sealed containers - all food and related products should be packed or sealed to ensure buyers can identify evidence of being opened or defected
  12. Prepaid SIM card for mobile phone which is expiring or expired
  13. Government or police-related goods, such as medals, insignia, or uniforms
  14. Human parts or remains
  15. Key picking device
  16. Lottery tickets
  17. Pesticides
  18. Items that may infringe copyrights: items that include but are not limited to duplicated products, counterfeit labeled products, counterfeit goods or imitations without permission or items that may violate copyrights trademark or Intellectual Property Rights of third parties, or any products under any brand or trademark as determined and informed by StoreHub
  19. Services: Services include but are not limited to sexual services, illegal services or services violating these Terms is prohibited, unless expressly authorized by StoreHub
  20. Slot machines
  21. Recalled items
  22. Stocks, other securities and stamps
  23. Tobacco or tobacco-related products Including but not limited to electric cigarettes
  24. Pornographic content and content that incites betrayal of the nation
  25. Publications, books, movies, videos, and/or video games that do not comply with applicable law in the country of sale and/or delivery
  26. Stolen goods
  27. Any other thing (i) that is illegal or restricted in the jurisdiction of the Merchants and/or the Purchasers, (ii) which promotes illegal or restricted activities, or (iii) that the relevant governmental agencies or regulatory determine that it may pose a risk to health or safety

PHILIPPINES

  1. Adult Materials
    1. Sex Products

      • Sex toys: vibrator, dildo, penis ring
      • Sex dolls
      • Realistic looking/lifelike baby dolls
      • Sado masochism (SM) products: bondage, latex costume
      • Used underwear
    2. Information containing profane or vulgar language
    3. Items depicting or suggestive of bestiality, rapesex, incest, or sex with graphic violence or degradation:

      • Pornography
      • Adult video game
      • Adult service
      • Child pornography
  2. Weapons
    1. Knives: dagger, sword, concealed knives and weapons, automatic knife, lock knife, hunting knife, survival knife, diving knife, machete, kukri, parang, wasp knife, throwing knife, bayonet, other prohibited knives, toy or cosplay knives
    2. Other weapons: sickle, axe, leather/rattan/rope whips, stun gun/tasers, spear and spear head, blow pipe, nanchaky, tear gas spray, pepper spray or CS spray, flares, chain whip, baton, t baton, nightsticks, truncheons, knuckleduster, catapult/slingshot, crossbows, bow and arrows, other weapons
  3. Firearms and Munitions
    1. Fireamrs, minutions, military ordinance and heavy weapons: heavy ammo weapons, metal bullet, bomb, blank cartridges and dummy cartridges, other ammunitions
    2. Replicates and other firearms: BB or airsoft gun, paintball gun, tea gas gun, cap gun, starting pistol, spear gun, other lethal guns, antique firearms
    3. Craft and other items: Gun/bomb/bullet-shapped items, mini artillery
    4. Firearm accessories: Outside appurtenances, inside accessories
  4. Human Parts, Human Remains and Protected Flora and Fauna
    1. Human bodies, body parts and remains
    2. Products made by protected fauna and parts: all types of ivory, rhino horn and byproducts, pangolin and scales, wild alligator hide, products made from cats or dogs, bear biles, seahorses, live animal
    3. Protected flora
    4. Hunting and processing machine
  5. Collection, Artifacts and Precious Metals
    1. Precious metals: gold bar, silver bar, platinum bar, conflict minerals, conflict diamond
    2. Virtual currencies
    3. Materials and equipment used for the manufacture of financial products: currency - in circulation, currency - collectibles and paraphernalia, counterfeit currency machine, counterfeit currency, other counterfeit
    4. Nationally protected artifacts
  6. Cigarette
    1. Cigarette and other tobacco products: common tobacco products and other sisha/tobacco products
    2. Electronic cigarette (“e-cigs,” “vapes,” “e-hookahs,” “vape pens,” and “electronic nicotine delivery systems (ENDS)): e-liquid nicotine
    3. Electronic cigarette (“e-cigs,” “vapes,” “e-hookahs,” “vape pens,” and “electronic nicotine delivery systems (ENDS)): e-liquid without nicotine, e-cigarette tools, e-cigarette tool parts (require SIRIM approval and certification)
  7. Illicit Drugs, Precursors and Drug paraphernalia
    1. Natural drugs: marijuana, opium, poppy seed, other illicit drugs
    2. Abusive language of drugs
    3. Steroids
    4. Drugs precursors: Class/Category 1, 2, 3 as per international standards
    5. Synthetic drugs
    6. Drug paraphernalia: bong for drugs, vaporizer for drugs, glass pipe for drugs
    7. Drug packaging material and other related products: drug packaging, marijuana leaf images or text, marijuana grow lights, other products related to drugs
  8. Circumvention Devices and Other Equipment Used for Illicit Purposes
    1. Circumvention devices: IP box, modchip, mobile booster/mobile signal, other circumvention devices
    2. Illicit purpose equipment: signal jammer, hacking tools/software, spy equipment, streaming media box (require license and SIRIM approval and certification)
  9. Flammable, Explosive and Hazardous Chemicals
    1. Radioactive substances
    2. Ozone depleting substances
    3. Explosive and flammable chemicals
    4. Explosive and detonation materials
    5. Restricted fireworks and firecrackers
    6. Toxic pesticides
  10. Gambling
    1. Gambling and gaming equipment: slot machine, scratch cards and lottery
    2. Online gambling related
  11. Illegal Service
    1. Illicit document: official identification document, other legal documents, personal information
    2. Illicit services: financial services, pyramid schemes, healthcare and medical services, agent services
  12. Medical Devices
    1. Beauty related (require license and product registrations): cosmetic needles, beauty medical devices, contact lens
    2. Medical related (require license and product registrations): dental medical devices, infusion and protective instruments, medical imaging equipment, patient caring equipment, surgical equipment
  13. Medical Drugs
    1. Over the counter drugs
    2. Prescription drugs
    3. Orally administered sexual enhancement supplements
    4. Regulated poisonous herbal medicines
    5. Illegal health products
  14. Offensive Material and Information detrimental to National Security
    1. National security or public order related: terrorism, communism related
    2. Political related: national secession, mocking political figures/royalty or propaganda, political figures/royalty and related symbols
    3. Racism: Nazism, other racist material
    4. Religious/culture related
  15. Sanctions
    1. Iran petroleum and petrochemical products
    2. Crude oil from Iran and China
    3. North Korea seafood and minerals
  16. Government, Law Enforcement and Military Issued Items
    1. Polica attire
    2. Police equipment: Net gun, police vehicles, fetters and handcuffs, police baton, other police items
    3. Armed forces items (including regular forces and voluntary forces)
  17. Controlled Products
    1. Surgical masks, thermometers, personal protective equipment - surgical (registration required)
    2. COVID-19 test kits
  18. Potentially Infringing Items

    Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties

  19. Protective Masks (January 2020)

    Masks for protective uses such as N95 or medical masks must comply with the suggested retail price as enacted by the Department of Trade and Industry of the Philippines (”DTI”)

  20. Additional Controlled Products

    Mystery boxes should only be sold by approved sellers where the quality and service is acceptable

  21. Recalled Goods

    Products recalled by the manufacturer or regulatory authorities due to quality issues must not be sold on the platform

  22. Children & Baby Products, Toys, etc.

    Bottles containing BHA are prohibited. Toys must also conform to the safety standards prescribed by the Department of Health, DTI, and Food and Drug Administrator, of the Philippines.

  23. Milk Products

    Milk products and other related items that are prohibited under the E.O.51, also known as the Milk Code of the Philippines, are prohibited from being sold

  24. Telecommunication Equipment

    Telecommunication equipment is prohibited if it does not have the necessary type approval, certification, and passing required equipment testing of the National Telecommunications Commission of the Philippines.

  25. Optical Media Board

    Merchants who plan to sell or are already selling the products below must file registration with the Optical Media Board of the Philippines before engaging in trade through the Service.

    1. CDs, DVDs, Hard Disk Drive, Optical Media Drive, Optical Media Writer, USB Flash Drives, SD Cards, External Hard Drives, Solid State Drives, Cellular Phones, Tablet Computers, Portable Music Players, Internet Based File Storage