In order to ensure your rights and interests, please carefully read through the content of the terms specified hereunder. Selection of the column stating “I have read and agreed to the terms and conditions hereinabove” by you or your authorized representative indicates you have read, understood and agreed to comply with the terms and conditions stipulated herein.

1. Policies and Terms of My Indie World

  1. These General Terms and Conditions for merchants (hereinafter referred to as these “Terms and Conditions”) are the basic rules for becoming a merchant of My Indie World. The term “My Indie World” referred herein may include My Indie World PTE LTD as well as all its affiliates.
  2. When you use the “My Indie World merchant Registration” webpage [Insert MIW Web Registration link], hereinafter referred to as the “Registration Page”) and submit the information for application for registration, it means you have read, understood and agreed to the terms and conditions stipulated in these Terms and Conditions. You cannot become a merchant of My Indie World if you do not accept these Terms and Conditions.
  3. Unless otherwise stipulated herein, your relationship with My Indie World (hereinafter referred to the “Cooperation”) is subject to the various policies or rules announced on the My Indie World – Global Travel Experience Platform [Insert MIW Website Homepage] or other platforms built by My Indie World (hereinafter collectively referred to as the “My Indie World Platforms”), including but not limited to the User Terms and Conditions or Privacy Protection Policies. My Indie World is entitled to change or update these Terms and Conditions as well as the aforementioned policies or terms at any time. Such change or update will be effective upon being posted on the My Indie World Platforms without prior notice from My Indie World.

2. Becoming a merchant of My Indie World

  1. You shall ensure all information submitted for the “Company information” as well as the “Main contact details” according to instructions of the Registration Page are true and accurate. After filling in all the required fields on the Registration Page and clicking the “Submit application” button to submit the information to My Indie World, My Indie World reserves the right to review and holds final discretion on whether you may become a merchant of My Indie World.
  2. In order to establish a reliable cooperative relationship with you and to ensure that the customers who purchase products or services on the My Indie World Platforms (the “Customers”) enjoy high-quality products and services, My Indie World is entitled to request you to submit other necessary documents and information for becoming a merchant of My Indie World after receipt of the application from you, including but not limited to: the Company Registration Form, Company Change Registration Form, all relevant licenses issued by the government, as well as all documents and information related to the products or services to be provided on the My Indie World Platforms in the future. In the event of any change of the document or information submitted, a written notice shall be sent to My Indie World within fourteen (14) days of such change.
  3. In the event that you fail to submit the documents or information referred to in the preceding two Articles in a timely manner or according to instruction, or the documents or information submitted are found to be inaccurate, untrue or not up-to-date by My Indie World, My Indie World may refuse to establish the Cooperation with you or terminate the Cooperation without further notice.
  4. You agree that My Indie World may collect, process and use your personal data or the personal data of all relevant personnel provided by you for further handling of the matters related to these Terms and Conditions as well as for the management of merchants thereafter.

3. Products and Service Guarantee

  1. If you become a merchant of My Indie World, you shall provide the following guarantees for all products or services provided on the My Indie World Platforms:

    1. The products or services provided by you are all within the permitted business scope of the company. Both you and your agent hold qualifications for lawful business operations as well as professional skills.
    2. You shall guarantee that the sale of the products or services comply with all relevant local laws and regulations.
    3. You shall guarantee to fulfill the contractual obligations for the products or services to My Indie World and the Customers in accordance with the The Consumer Protection (Fair Trading) Act 2003 as well as all trading terms and commitments described on the My Indie World Platforms.
    4. You shall guarantee to provide a channel to receive inquiries or questions from Customers in relation to the products or services, even when the sale of such products or services has ceased. In the event of any complaint of the customer regarding the products or services provided by you, such complaint shall be resolved in a timely manner. You shall also actively cooperate and assist My Indie World in handling the customer complaints and disputes concerning the quality of the service, as well as promptly provide all necessary evidentiary material.
    5. You shall guarantee to provide a channel to receive inquiries or questions from Customers in relation to the products or services, even when the sale of such products or services has ceased. In the event of any complaint of the customer regarding the products or services provided by you, such complaint shall be resolved in a timely manner. You shall also actively cooperate and assist My Indie World in handling the customer complaints and disputes concerning the quality of the service, as well as promptly provide all necessary evidentiary material.
  2. My Indie World will conduct regular evaluation on the products or services. If the result of evaluation is excellent, My Indie World will provide a reward plan to you at its discretion. However, if the result of evaluation is not satisfactory, My Indie World may terminate the Cooperation according to Article 13 herein.

4. Safety Guarantee

  1. Prior to the provision of the products or services by you or your agent, all safety notices and user notices, which shall be taken into account when using the products or services, shall be expressly explained or notified to My Indie World and the Customers in advance. There shall be no exaggeration, false information, concealment or any misleading information. The protection of My Indie World or personal safety of the Customers shall be the first priority. In the event of any possibility that My Indie World or the personal safety and property of the Customers may be harmed due to the products or services provided, you shall immediately cease providing such products or services.
  2. In the event that either My Indie World or the Customers suffer any personal or property damage due to the products or services you provided, you shall provide immediate assistance and take immediate counter measures, as well as provide prompt feedback to My Indie World to collect and maintain evidence.

5. Price Adjustment

  1. In the event that you intend to adjust the price of products or service fees provided to My Indie World, the new price or fee schedule shall be submitted to My Indie World ten (10) days in advance. Such adjustment is subject to the approval of My Indie World. If the price adjustment is made without the approval of My Indie World, you should be responsible for absorbing the price difference resulting therefrom.

6. Third-party Distribution

  1. In the event that you intend to adjust the price of products or service fees provided to My Indie World, the new price or fee schedule shall be submitted to My Indie World ten (10) days in advance. Such adjustment is subject to the approval of My Indie World. If the price adjustment is made without the approval of My Indie World, you should be responsible for absorbing the price difference resulting therefrom.
  2. You agree that My Indie World may distribute the products or services provided by you through third parties, and My Indie World or third parties may choose the items of the products or services on their own. You agree that My Indie World may, at the reasonable request of a third party, carry out all activities necessary for its business, and My Indie World may display or show photos, images, videos, information and prices of the products or services on the sales channels or platforms of the third parties. My Indie World may also authorize the third parties to display or show photos, images, videos, information and prices of the products or services on their channels or platforms without limitation in any region for the purpose of sales.
  3. You acknowledge that if you do not agree to the distribution of your products or services by a third party, You shall notify My Indie World in written form and My Indie World will assist in shutting down the distribution function of your products or services on My Indie World platforms. Failure to notify My Indie World will be deemed as your agreement to Articles 6.1 and 6.2.

7. Confidentiality Obligation

  1. In the event that you intend to adjust the price of products or service fees provided to My Indie World, the new price or fee schedule shall be submitted to My Indie World ten (10) days in advance. Such adjustment is subject to the approval of My Indie World. If the price adjustment is made without the approval of My Indie World, you should be responsible for absorbing the price difference resulting therefrom.
  2. With regard to the Confidential Information described herein, you, My Indie World, as well as its agents, representatives, employees shall comply with the following:
    1. Keep the Confidential Information in confidence by using the same degree of care (but no less than reasonable degree of care) used to protect its own Confidential Information.
    2. Require all personnel who have access to the Confidential Information to keep the Confidential Information in confidence.
    3. Use the Confidential Information in a manner agreed by and between the Parties in writing, if necessary.
  3. The confidentiality obligation stipulated herein does not apply to the following:
    1. Information obtained from the public through lawful means.
    2. Information obtained from a third party through lawful means.
    3. Information required to be disclosed by law or government agencies with jurisdiction in accordance with laws and regulations.
    4. Information required to be disclosed in accordance with the legal procedure.
  4. The confidentiality obligation stipulated herein shall survive after expiration or termination of the Cooperation.

8. Personal Data Protection

  1. The collection, processing or use of personal data of My Indie World or the Customers by you for the performance of the Cooperation shall comply with the Personal Data Protection Act 2012 as well as all other relevant laws and regulations and shall be under the supervision of My Indie World.
  2. For the personal data files you retain, you shall designate personnel to handle the maintenance of personal data security, and such personnel shall be capable of managing and maintaining the personal data files. You shall accurately implement safety maintenance measures, strictly manage data security, as well as properly retain records of data use activities, log files and relevant evidence.
  3. In the event that you provide the personal data of the Customers to your agent, you shall request your agent to keep and maintain the personal data under the same terms as provided in the preceding Article. You shall also assist My Indie World to supervise your agent.
  4. In the event that you or your agent discover any breach of this Article 8 or any theft, divulging, tampering or other infringements of personal data, which leads to violation of laws related to the protection of personal data or other regulations, or caused any damage to the rights and interests of others, My Indie World shall be notified immediately. You and your agent shall also take immediate action to investigate the facts and impact of such incident, as well as propose relevant control and corresponding correction measures, and assist My Indie World in proceeding with settlements or legal proceedings if necessary. In the event such a violation or incident is discovered by My Indie World, My Indie World shall immediately notify you to take the aforementioned actions and measures. My Indie World may request that you replace the personnel to whom such violation is attributed and make the correction within the specified time limit. In the event that you fail to replace the responsible personnel due to reasons attributable to you or fail to make the correction within the specified time limit, My Indie World may terminate the Cooperation forthwith.
  5. You agree to cooperate with My Indie World for any regular or random audit required by law in order to supervise the status of maintenance of personal data by you or your agent. In addition, you are obligated to provide My Indie World with all relevant documentation when My Indie World is conducting an audit.
  6. Upon termination of the cooperation between the parties, you shall immediately delete any personal data of the Customers retained or collected and the data shall not be used unless you are legally obligated to preserve them.

9. Intellectual Property Rights

  1. During the term of the Cooperation, either Party is authorized by the other Party to reasonably use the business name, trademark, trade name, brand, domain name and website of the other Party for the purpose of the Cooperation. In the event that either Party intends to use the name and website authorized by the other Party on its own promotion material, name card, website and any other material, such Party shall provide a prior written notice to the other Party and may only proceed with such use after obtaining the written consent of the other Party.
  2. During the term of the Cooperation, you agree to authorize My Indie World to use, within the scope of the Cooperation, all works such as photos, images and videos you provided in promotion and marketing for the products or services, such as exhibitions, copywriting or publications. My Indie World may also reproduce, remake, edit or publicly transmit by digital means said photos, images and videos for the aforementioned purpose. However, you shall remain the owner of the intellectual property rights of such photos, images and videos that you have authorized to My Indie World.
  3. Upon expiration or early termination of the Cooperation, if My Indie World needs to use your works, the Parties may enter into a separate agreement to extend the authorization period for the works and for My Indie World to pay an authorization fee.
  4. You shall guarantee that the works provided, such as language, art, photography, graphics, audio-visual, recording as well as computer programs, do not infringe any intellectual property right of any third party. In the event of any claim from any third party against My Indie World due to the use of the works you provided (including but not limited to claims for royalties from such third party against My Indie World, as well as any costs and fees related to the legal proceeding between you and such third party), you shall bear all liabilities for the compensation arising therefrom.

10. Anti-Bribery

  1. Both you and My Indie World shall guarantee that it will not, directly or indirectly, pay any commission, remuneration, rebate, or provide any gift or entertainment to the other Party as well as any personnel related to the Cooperation. In addition, no arrangement shall be made with the other Party or any personnel related to the Cooperation on the matters described hereinabove. However, the foregoing restriction does not apply to provision of promotional gifts of small amounts according to normal business practice.

11. Force Majeure

  1. In the event that either you or My Indie World cannot perform the Cooperation due to reasons beyond reasonable control of both Parties, such as wars, earthquakes, landslides, tsunamis, lightning strikes, floods, fires, government actions, hacking attacks, technical control of telecommunication sector or major pandemic diseases, the affected Party shall immediately notify the other Party, as well as provide the evidence within a reasonable time limit. In an emergency situation, the Parties shall take reasonable and appropriate measures to prevent expansion of losses, and the liabilities hereunder will be waived in whole or in part according to the degree of impact. However, if the force majeure event occurs after the delay of performance of either Party, the Party that has delayed performance cannot be waived from its liability.
  2. In the event that any order cannot be completed or is delayed due to force majeure event, both Parties shall promptly negotiate with the Customers and adjust the content of the order. The Parties shall negotiate as to how the increased costs incurred shall be shared between the Parties.

12. Liabilities for Breach

  1. If you breach any of these Terms and Conditions, you shall compensate My Indie World for all damages and expenses incurred by My Indie World due to this breach, including but not limited to litigation fees, attorney fees, penalties, fines and settlement fees.
  2. In the event of any claim raised by any third party due to your breach of any representation, guarantee, commitment or other matters agreed, you shall ensure that My Indie World, as well as its responsible persons and employees, shall not suffer any losses, and also cooperate to provide any necessary explanations, evidence or other assistance. You shall be liable for any damages suffered by the aforementioned persons or any costs incurred therefrom.
  3. Unless otherwise agreed herein, in the event of any controversy or legal dispute with customer or any third party during the term of the Cooperation that is attributable to one of the Parties, the attributed Party shall be responsible for resolving such dispute and bear all liabilities thereof. If the other Party resolves such dispute on behalf of the attributed Party, the other Party may seek payment from the attributed Party for any fees or costs arising therefrom.
  4. My Indie World may deduct the amount of compensation that you are liable for under this Article 12 directly from My Indie World’s amount payable to you. If the amount is not sufficient to cover the amount of compensation, you shall remit the remaining amount to the account designated by My Indie World within fourteen (14) days upon receipt of My Indie World’s written notice.

13. Termination and the Effect of Termination

  1. In the event of any of the following circumstances occurring to either Party, the other Party is entitled to terminate the Cooperation and may request such Party to compensate all damages as well as return all the amount paid under the Cooperation.
    1. Either Party or its agent does not hold qualifications for lawful business operations;
    2. Due to reasons attributable to either Party, the other Party has been subject to adverse administrative penalties;
    3. You conduct any solicitation of Customers in private or any private transactions;
    4. Any breach of Article 2.3, Article 3.2, Article 7, Article 8, Article 9 and Article 10 by either Party;
    5. Other than the provisions stipulated in the preceding paragraph, either Party refuses to cure any breach or compensate for any damages after causing losses to the non-breaching Party or the customer with such breach and after being requested to cure such breach within a specified time limit.
  2. Except for the circumstances specified in the preceding Article and in Article 13.4, if either Party wishes to terminate the Cooperation during the term of the Cooperation, such Party shall provide thirty (30) days prior written notice to the other Party, and the termination shall proceed after negotiation and consent by both Parties. In the event that either Party terminates the Cooperation without the consent of the other Party, the terminating Party shall compensate the other Party for any economical as well as reputational damage arising therefrom. However, the foregoing does not apply to any notice of non-renewal to the other Party prior to the expiration of the term.
  3. Upon expiration or early termination of the Cooperation, any order confirmed by both Parties within the effective period of the Cooperation shall continue to be performed unless otherwise agreed by both Parties.
  4. 4.In the event of bankruptcy, reorganization, dissolution, liquidation, temporary or permanent closure of business, or any assignment for the rights and benefits of creditor by either Party, the other Party may arbitrarily terminate the Cooperation in writing without any liabilities.

14. Miscellaneous

  1. Unless with prior written consent of My Indie World, you shall not assign the Cooperation or any rights and obligations under these Terms and Conditions to any third party.
  2. If you have any questions regarding becoming a merchant of My Indie World or the Cooperation, please directly contact the My Indie World merchant Registration Center (email: hello@myindieworld.com). My Indie World will provide assistance as soon as possible.