Last Updated: 28-Oct-2026
Please read these Merchant Terms of Service ("Agreement" or "Terms") carefully before registering as a seller or utilizing the e-commerce platform services provided by N PINOKYO TECHNOLOGY ("Platform", "we", "us", or "our").
By creating a merchant account, accessing our platform, or integrating our payment facilities, you ("Merchant", "Seller", "you", or "your") agree to be bound by all terms and conditions set forth in this Agreement, as well as our Privacy Policy and any applicable policies referenced herein.
1.1 Platform Role: The Platform provides e-commerce website infrastructure, software tools, storefront hosting, and integrated payment gateway routing to enable Merchants to sell goods and services directly to end customers ("Customers").
1.2 Independent Contractor: The Merchant operates as an independent business entity. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the Platform and the Merchant.
1.3 Payment Gateway Integration: The Platform utilizes Curlec (operated by Razorpay Sdn Bhd) as its primary payment gateway partner ("Payment Processor") to process credit card, debit card, FPX online banking, e-wallet, and recurring subscription transactions.
2.1 Business Verification: To activate payment processing services via Curlec, the Merchant must provide complete, accurate, and up-to-date business documentation upon request, including but not limited to:
Business Registration Certificate (SSM / Borang D/E or Corporate Profile);
Identification documents (IC / Passport) of directors or sole proprietors;
Valid bank account details under the SSM registered business name;
Proof of product source, licenses, or authorizations (where applicable).
2.2 Accuracy of Information: You warrant that all information provided during registration is accurate and truthful. You agree to notify us immediately of any changes to your ownership, business structure, banking details, or nature of business.
3.1 Compliance with Curlec Terms: Merchant expressly agrees to comply with all rules, guidelines, operating standards, and prohibited category policies issued by Curlec and card networks (Visa, Mastercard, PayNet / FPX).
3.2 Transaction Payouts & Settlement:
Funds collected from sales, minus applicable platform fees, payment gateway fees, and refunds, will be settled directly into the Merchant’s designated local bank account.
Settlement schedules (e.g., T+2 or T+3 business days) are subject to Curlec’s processing timelines, banking days, and risk assessments.
3.3 Transaction Fees: The Merchant agrees to pay all applicable transaction fees, commission rates, and gateway charges as outlined in your Merchant Service Plan or Fee Schedule.
3.4 Chargebacks and Disputes:
The Merchant is fully responsible for all chargebacks, transaction reversals, customer disputes, fraudulent sales, and associated bank penalty fees.
The Platform and Curlec reserve the right to deduct chargeback amounts directly from future payouts or reserve funds.
3.5 Reserve Funds & Holdback: If requested by Curlec or deemed necessary by the Platform due to high refund rates, chargeback risks, or sudden spikes in volume, the Platform reserves the right to hold back a percentage of payouts (Rolling Reserve) for a designated period to cover potential liability.
4.1 Strictly Prohibited Goods: The Merchant shall NOT use the Platform or Curlec payment facilities to sell or promote any of the following:
Counterfeit, pirated, or unauthorized goods;
Prescription medication, unapproved pharmaceutical drugs, or health supplements lacking mandatory government approvals (e.g., KKM / MAL registration numbers in Malaysia);
Products making illegal, false, or unproven medical or health claims;
Illegal drugs, narcotics, or drug paraphernalia;
Weapons, firearms, explosives, or hazardous materials;
Adult content, pornography, or sexually explicit services;
Gambling, lotteries, or unauthorized financial/investment schemes;
Any goods or services that violate Malaysian law, including the Consumer Protection Act 1999 and the Sale of Drugs Act 1952.
4.2 Suspension for Violation: The Platform or Curlec reserves the right to immediately suspend or terminate payment processing and freeze settlements if a Merchant is suspected of offering prohibited items or engaging in fraudulent activity.
5.1 Order Fulfillment: The Merchant is solely responsible for inventory management, order processing, shipping, delivery, and quality assurance of all products sold on their storefront.
5.2 Customer Support & Policies: The Merchant must publish clear and accessible terms on their storefront, including:
Transparent refund, return, and cancellation policies;
Product pricing displayed clearly in Ringgit Malaysia (MYR);
Customer service contact details (email, phone, address).
5.3 Merchant Liability: The Platform is not a party to the commercial transaction between the Merchant and the Customer. The Merchant agrees to resolve all customer complaints, warranty claims, and shipping disputes directly with the end customer.
6.1 Personal Data Processing: Both parties agree to comply with the Personal Data Protection Act 2010 (PDPA) of Malaysia regarding the collection, processing, and storage of customer personal data.
6.2 Data Usage: Merchant shall only use end customer personal data (e.g., names, shipping addresses, telephone numbers) strictly for fulfilling orders and providing post-sales customer support, and shall not sell or misuse customer data.
7.1 Merchant Content: The Merchant retains ownership of all trademarks, logos, images, and product descriptions uploaded to their store. The Merchant grants the Platform a non-exclusive license to display this content solely for operating the platform service.
7.2 Platform IP: All intellectual property rights in the software, dashboard, platform code, and design belong exclusively to the Platform.
8.1 No Warranty: The Platform and Curlec payment gateway services are provided on an "as is" and "as available" basis without warranties of uninterrupted uptime or error-free processing.
8.2 Indemnification: The Merchant agrees to defend, indemnify, and hold harmless the Platform, its directors, employees, and Curlec from any claims, fines, liabilities, losses, or legal fees resulting from:
Merchant's breach of this Agreement;
Merchant's product liability, defect, or safety issues;
Infringement of third-party intellectual property or trade regulations;
Violation of any applicable Malaysian laws or payment network regulations.
9.1 Termination by Notice: Either party may terminate this Agreement by providing 30 days' written notice.
9.2 Immediate Termination: The Platform may immediately terminate or suspend the Merchant’s account without prior notice if:
The Merchant breaches any clause of this Agreement;
Curlec or banking partners instruct the suspension of the Merchant’s account;
Excessive chargebacks, fraud rate, or customer complaints occur;
The Merchant becomes insolvent or enters liquidation.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any legal action, dispute, or proceeding arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.
By checking the acceptance box, signing up for an account, or continuing to use the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Merchant Terms of Service and all incorporated payment gateway rules.
