TaiWani's Dessert Agent Terms & Condition
The TERMS AND CONDITIONS prescribed herein shall take effect from 1st JUNE 2021. We, TAIWANI’S DESSERT (Totsporter Services, 003062009-H) wish to thank you for your interest in our products.
As our Agent you will enjoy special discounts and privileges which will be announced by TaiWani’s Dessert from time to time.
The Terms and Conditions contained herein are intended to regulate the relationship between TaiWani’s Dessert and Agent and also to ensure the convenience of all intended parties.
Please take notice that any further changes to this Terms and Conditions shall not be amended and replaced without any prior notice to the Agents.
We appreciate your cooperation to periodically visit our website https://www.tots-porter.com/ and our TaiWani’s Dessert social media site (Instagram and others) for any updates, changes or further development of the Terms and Conditions.
If you have any inquiries on the Terms and Conditions, please do not hesitate to contact us at 016 391 7625 (Office hour)
Upon payment of RM 10 (being the Agent registration fees) and by registering as one of our Agents, you are hereby declare that you have read, understood and accepted the Terms and Conditions in its entirely without any reservation or amendment.
A new application and deposit will be required to re-open an inactive account.
Please be informed that Agent will only applicable to ONLINE transaction only (Agent must have online banking) and not for walk-in transaction in our physical store.
An agent must order a minimum of 10 bowls, and you must place the order via Whatsapp message or Instagram message at least a day before we deliver to you
Each agent account needs to hit sales target at least (minimum of 20 bowls purchase per month) for the consecutive 3 MONTHS and TaiWani’s Dessert have the right to terminate inactive agent or didn’t hit sale target.
Additional commission out of your total sales monthly will be awarded as a special incentives to agents (commission percentage will be fixed based on management discretion).
General Conditions on Product
- TaiWani’s Dessert undertakes to Agent that all effort and scrutiny has been conducted to ensure the accuracy of the product, specification and pricing of all kinds of Products shown on our social media websites or any other advertising platform.
- TaiWani’s Dessert undertakes that all the products described and offered at our website and any other TaiWani’s Dessert official social media are correct at the time of published and/or advertisement. TaiWani’s Dessert shall not accept any responsibility on any discoloration due to the difference as appear in your computer, tablet or telephone. TaiWani’s Dessert also undertake to promptly correct any errors and/ or misinformation (if any) and update Agent accordingly.
- TaiWani’s Dessert reserves all rights to amend, alter, add or discontinue any products without any further reference to Agents.
General Terms on Ordering Products
- The product availability is on ‘first come first serve’ basis. By placing the order, Agent is deemed to have confirmed on the price, ingredients and description of the said products. TaiWani’s Dessert shall not be held responsible for any errors and/or mistake by the Agent in placing any order.
- Once order is paid and confirm, no cancellation is allowed within 48 hours/2 days prior to delivery date. Cancellation can be done 48 hours/ 2 days before delivery date, and amount will be refunded. Agent must check all orders correctly before confirming order.
- TaiWani’s Dessert have ordering concept to order at least 1 day before (cut off time is 12 am) and TaiWani’s Dessert will inform agents if we have any problem regarding stock availability.
- Due to Movement Control Order by the government, TaiWani’s Dessert will send it to your location. There will be RM 10 flat rate delivery fee incurred for KL/Selangor/Nilai locations, and RM 20 for Seremban.
- Delivery to Agents starts from 10 am – 12 pm daily. Agent is responsible for the food to be delivered to the customers (either with Grab Express/Lalamove etc or deliver by yourself)
- Agent can charge a reasonable delivery fee to the customers
- TaiWani’s Dessert shall not be responsible for misdelivery due to wrong address or incomplete delivery details. Please ensure that the information provided to TaiWani’s Dessert is complete, true and up-to-date.
- Food must be delivered on the same day to maintain freshness of the dessert. Agent must check all items when we deliver them to you, once delivered we are not responsible for any spoiled, contaminated food or damage etc
- TaiWani’s Dessert will use credible delivery service in which the quality of delivery is recommended.
- To ensure the safe delivery of our Products, please ensure that there are people who will receive the Products sent in order to avoid any unexpected problems.
- TaiWani’s Dessert will not be liable for any damage caused for Agents that rely on your own hired delivery runners.
- If there are any errors in quantities or damage to the Products, Agent should immediately contact TaiWani’s Dessert to inform TaiWani’s Dessert of the shortage in delivery or wrong items delivered.
- TaiWani’s Dessert assure the quality of Products received by Agent and therefore only Product that is certified damaged, faulty or defective in terms of wrong items, damage during delivery by delivery service will be replaced.
- Products that are certified in good condition and meet the standards of TaiWani’s Dessert will not be changed.
- Please provide TaiWani’s Dessert with delivery code order to enable TaiWani’s Dessert to process for any product replacements.
- TaiWani’s Dessert will not entertain any request for replacement after 24 hours from receipt of the said product. Agent will be required to provide proof of damage or error caused by TaiWani’s Dessert (before delivery or upon delivering to customer) to request for compensation or replacement of product. TaiWani’s Dessert will launch an investigation and should the incident falls under TaiWani’s Dessert responsibility, TaiWani’s Dessert will provide fair compensation or replacement. Should the incident be out of TaiWani’s Dessert control (such as, customer place in car for long hours, customer did not cover the food properly, customer did not keep chill, customer accidentally dropped the food), TaiWani’s Dessert will not be liable for these incidents.
- TaiWani’s Dessert will bear all the costs involved in the replacement of defective Products that shall include all the costs of delivery or reimbursement of delivery charges that caused by TaiWani’s Dessert only.
- For the avoidance of doubt, TaiWani’s Dessert will only replace or exchange the Product with another similar Product only. No payment will be made unless deemed appropriate by the TaiWani’s Dessert.
- Agent abide and follow the Terms and Conditions and any losses occurred due to negligence of Agent are solely Agent own risk and responsibility.
Other Conditions relating to the Agent
- Agent are not allowed to bad-mouth or defame the name of TaiWani’s Dessert or any of its Products.
- Agent are not allowed to influence other Agents to do anything in relation to TaiWani’s Dessert and Products. Each Agent is expected to be independent and exercise good judgment on his/her own accord.
- Agent are not allowed to reproduce the Products or use the exclusive label of TaiWani’s Dessert on other unauthorised products without the prior written permission from TaiWani’s Dessert.
- Agent are not allowed to sell any counterfeit products that are similar and resemble the Products from TaiWani’s Dessert.
- Agent are not allowed to sell the Products more expensive than the recommended retail price.
- Agent must be responsible for the Agent’s own customers. TaiWani’s Dessert shall not be accountable and shall not be held liable on any matter involving the customers of the Agents.
Suspension and Revocation
- TaiWani’s Dessert reserves the right to take any action or any remedy available under the law as it deems fit and proper without notice to the Agent in the event the Agent failed, refused or neglected to abide by the Terms and Conditions.
- Without prejudice to the rights provided by law, TaiWani’s Dessert shall have the liberty to take other actions as follows:
(a) suspension of the Agent with TaiWani’s Dessert;
(b) immediate cessation to deliver any Products; or
(c) blacklisting of the TaiWani’s Dessert, for any errors, negligence or violation committed by Agent on the Terms and Conditions.
- If there is any reason or suspicion where the Agent is involved or is suspected of involvement in any illegal activity, fraud or malicious falsehood that will affect the business or goodwill of:
(a) TaiWani’s Dessert and other outlets under TaiWani’s Dessert
- TaiWani’s Dessert will not hesitate and immediately report to the relevant authorities and terminate the Agent accordingly.
- Agent has agreed and consented to the disclosure of personal data and information provided for the purposes of the Terms and Conditions.
- TaiWani’s Dessert undertakes that all personal data and any information obtained from the Agent will be used only for the purposes of registration and records.
- TaiWani’s Dessert will not collect any personal data than what is needed for registration and records.
- TaiWani’s Dessert will not share information with other persons without the approval by the Agent.
- Any personal information of the Agent collected is pursuant to the Personal Data Protection Act 2010.
- The relationship between the parties is that of buyer and seller. Agent are not an employee or considered a member of TaiWani’s Dessert under the law.
- Nothing in the Terms and Conditions shall operate to determine or transfer any name, title or any intellectual property rights of TaiWani’s Dessert to the Agent.
- Agent shall fully indemnify and keep TaiWani’s Dessert indemnified against any liability, claims, actions and demands arising from alleged or apparent misconduct, omissions, negligence and dealings with customers, suppliers or any other third party.
- TaiWani’s Dessert has used reasonable efforts to ensure all information about the Products is accurate and updated, it does not give any warranty as to the accuracy or completeness of the Products and TaiWani’s Dessert will not be responsible for any errors or omissions or to any decision resulting from the use of such information.
- Any applicable tax is paid by each Party in accordance with the provisions of tax laws in Malaysia.
- Nothing herein is intended or construed to create any exclusive rights or understanding with the Agent unless otherwise agreed in writing. TaiWani’s Dessert may in its sole discretion enter and/or collaborate with other PS, other people, other entities or different sources.
- TaiWani’s Dessert shall not be liable to the Agent or be held responsible for delays in the delivery or failure to perform any of its duties relating to the Products if the delay or failure is caused by any reason beyond the control of TaiWani’s Dessert.
- All rights, including copyrights shall include the content on social media sites or other platforms are the exclusive and proprietary rights of TaiWani’s Dessert and cannot be used for other unauthorised commercial purposes.
- All rights of TaiWani’s Dessert and/or its representative, affiliate and agents are reserved.
- The Terms and Conditions and any dispute or claim arising out of or in connection herewith shall be governed by and construed in accordance with, the laws of Malaysia.
- The Terms and Conditions is final and subject to change from time to time.