This is a Representative Agreement (the “Agreement”) between the party identified in the Registration Form (the “User” or “you”) and MTC Trade Centre Sdn Bhd (co. no. 944883-H) (“MTCTC”, “we” or “us”) concerning your use of the mytradecentre.com web site (the “Site”), pursuant to which the User is provided access to the Site. By clicking the “Accept” button or otherwise agreeing to this Agreement, you initiate this appointment and make MTCTC your representative in dealing with sourcing products and services as requested by you, in the electronic instruction by you, through means of e-mail or mytradecentre.com web site. If you do not wish to appoint MTCTC as your representative in sourcing products and services as requested by you, you should click “Reject” button and quit from assessing this page.
NOW, THEREFORE, it is hereby agreed and understood as follows:
a. In this Agreement the term Proper Instructions means “Written instructions, sent by mail, facsimile or any other electronic means like e-mail or through the Site system”.
b. Unless the context otherwise requires words importing the singular shall include the plural and vice versa. Furthermore words importing the masculine gender shall be construed to include the feminine and words importing persons shall be interpreted to include corporations.
c. The division of this Agreement into subsections and the use of headings are for convenience of layout and reference and shall not affect its construction or interpretation.
a. In consideration of the agreements and conditions hereinafter contained and on the part to be performed and observed by MTCTC, the User hereby appoints the MTCTC as the Representative and MTCTC hereby agrees to act as the Representative on behalf of the User in dealing with sourcing products and services that stipulate by the User.
a. MTCTC cannot and will not enter into any contract or financial or moral commitment unless instructed/authorized by the User;
b. MTCTC acknowledges that it has no right or authority to act on behalf of the User with respect to any providers, suppliers, manufacturers, sellers, unless instructed/authorized by the User;
c. MTCTC acknowledges that the User is, and during the entire existence of this Agreement shall remain, the true and actual owner of the products, goods and services once acquired or subscribed;
d. Upon the request of the User, MTCTC shall agree to act as a stakeholder for the purpose of holding and disbursing the payment on behalf the User to the providers, suppliers, manufacturers, sellers for the products, goods and services acquired or subscribed by the User, upon confirmation from the User, subject to the User pays MTCTC the same amount for that purpose;
e. The User has prerogative and absolute right to appoint ANY person or entity to act as Third Party Stakeholder to hold and disburse the payment on behalf of the User to the providers, suppliers, manufacturers, sellers for the products, goods and services acquired or subscribed by the User, upon confirmation from the User;
f. MTCTC’s sole function during the existence of this agreement is to act as representative and to assist the User to source, acquire, purchase or subscribe the products, goods and services which requested by the User;
g. MTCTC shall at all time be a representative of the User in dealing and sourcing of the products, goods and services, on behalf of the User only. Nothing in this Agreement shall be construed as creating an employer-employee relationship between the User and MTCTC and accordingly MTCTC shall not entitle or claim any employment benefits whatsoever.
The rights and obligations in relation to the provision of MTCTC provided for in this Agreement shall remain in force until such time as either MTCTC or the User provides written notice of intention to terminate the Agreement or the products, goods and services that requested by the User has completed its acquisition and subscription.
This Agreement shall be governed by and construed in accordance with the laws of the Malaysia.
Either before or after the termination of this Agreement, neither party shall disclose to any person information relating to the other party without the consent of that party, unless compelled to do so by a court or tribunal of competent jurisdiction or by properly acting authorities.
The User agrees to indemnify MTCTC and its directors, officers, employees, agents, stockholders, affiliates from and against all allegations, actions, proceedings, claims, suits, damages, liabilities, obligations, losses, settlements, judgement, costs, expenses and demands (including without limitation attorneys’ fees and costs) which may be made against, even under the instruction of the User, by reason of any act, deed, matter or thing done or omitted to be done by the User and to pay all costs and expenses which may be incurred in connection with any such actions, proceedings, claims or demands.
MTCTC and its directors, officers, employees, agents, stockholders, affiliates shall not be responsible for any act, default, neglect, error or omission, whether directly or indirectly, of the User and such act, default, error or omission shall be deemed to be act, default, error or omission for which the User should be responsible.
Notice or payments given by one party to the other hereunder shall be in writing and deemed to have been properly given or paid if deposited with the Malaysia Postal Service, registered or certified mail, addressed as mentioned in this Agreement or any other electronic means like e-mail or through the Site system.
This Agreement replaces all previous agreements and the discussions relating to the subject matters hereof and constitutes the entire agreement between the User and MTCTC with respect to the subject matters of this Agreement. This Agreement may not be modified in any respect by any verbal statement, representation, or agreement made by any employee, officer, or representative of the User, or by any written documents unless it is signed by the User and by MTCTC.
To facilitate execution, this Agreement may be executed in as many counterparts as may be required, each of which shall be deemed to be an original, and all of which shall be deemed to one and the same instrument.
If any term or provision of this Agreement is deemed invalid, contrary to, or prohibited under applicable laws or regulation of any jurisdiction, this Agreement (save only this sentence) shall be invalid.Click here to open the printable version.