Terms of Service

1. Acceptance of Terms

By accessing or using the Berkedai platform ("Platform"), including any website, application, or service operated by Berkedai Digital Enterprise ("Berkedai", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms in full, you must not access or use the Platform. Your continued use of the Platform following any update to these Terms constitutes your acceptance of the revised Terms.

2. Platform Description

Berkedai is a multi-tenant software-as-a-service (SaaS) e-commerce platform that enables merchants to create and operate their own branded online storefronts. Through the Platform, merchants can:

• Create a storefront hosted on a Berkedai subdomain (e.g., yourstore.berkedai.com) or a custom domain
• List and manage products, categories, pricing, and inventory
• Accept payments from customers via supported payment gateways
• Manage orders, shipping, and fulfilment
• Access analytics, discount tools, and other merchant features

Berkedai provides the Platform as a technology service. We do not manufacture, stock, sell, or ship any products listed by merchants. Each merchant is independently responsible for their storefront, their products, and their customers.

3. Account Registration

To use the merchant features of the Platform, you must register for an account. By registering, you represent and warrant that:

• You are at least 18 years of age
• You are legally capable of entering into a binding contract under Malaysian law
• All information you provide during registration is accurate, current, and complete
• You will keep your account information up to date at all times
• You will keep your login credentials confidential and not share them with any third party
• You will notify us immediately at support@berkedai.com if you suspect any unauthorised access to your account

Email verification is required to activate your account and access all Platform features. You are solely responsible for all activity that occurs under your account, whether or not authorised by you.

Berkedai reserves the right to reject any registration application, suspend, or terminate any account at our discretion, including where we believe the information provided is inaccurate or fraudulent.

4. Merchant Obligations

As a merchant using the Platform, you agree to the following obligations:

• Lawful products only. You may only list and sell products that are legal to sell in Malaysia and in any jurisdiction where your customers are located.
• Accurate listings. All product descriptions, images, prices, and availability information must be accurate, truthful, and not misleading.
• Order fulfilment. You are solely responsible for fulfilling orders placed through your storefront, including packaging, shipping, and handling customer enquiries related to delivery.
• Customer service. You are responsible for providing reasonable customer support, handling returns, and resolving disputes with your customers in a timely and professional manner.
• Tax compliance. You are responsible for determining, collecting, reporting, and remitting all applicable taxes — including Malaysian Sales and Service Tax (SST) — in connection with your sales. Berkedai does not provide tax advice and is not responsible for your tax obligations.
• Compliance with laws. You must comply with all applicable laws and regulations, including consumer protection laws, data protection requirements under the Personal Data Protection Act 2010 (PDPA), and any licensing requirements relevant to your products or business.
• Accurate business information. You must maintain accurate business and bank account details in your merchant settings for the purposes of payouts and identity verification.

5. Prohibited Items and Conduct

The following items and activities are strictly prohibited on the Platform:

• Illegal goods or services of any kind under Malaysian law or international law
• Counterfeit, pirated, or infringing products (including counterfeit branded goods)
• Weapons, ammunition, or explosive materials (including unlicensed blades or firearms)
• Controlled substances, recreational drugs, or drug paraphernalia
• Tobacco, vape products, or alcohol sold in violation of applicable licensing or age restrictions
• Products that make false medical or health claims
• Pornographic or sexually explicit material
• Content that promotes hate, violence, discrimination, or harm to any individual or group
• Gambling products or services, unless legally licensed
• Pyramid schemes, multi-level marketing (MLM), or fraudulent investment products
• Stolen goods or goods obtained through illegal means
• Any activity intended to defraud Berkedai, other merchants, or customers
• Creating multiple accounts to circumvent platform restrictions or fees
• Using automated tools or bots to scrape, spam, or manipulate the Platform

This list is non-exhaustive. Berkedai reserves the right to determine, at our sole discretion, whether any item or activity violates these Terms and to take appropriate action, including immediate account suspension or termination.

6. Fees and Billing

6.1 Transaction Fees

Berkedai charges a transaction fee on each successful sale processed through the Platform. The applicable fee rate depends on your active subscription plan. Transaction fees are deducted from your settlement balance before payout. Current fee rates are published on the Berkedai pricing page and may be updated from time to time with notice to merchants.

6.2 Subscription Plans

Berkedai offers a free plan with limited features and paid subscription plans with enhanced features and lower transaction fees. Paid plans are billed on a monthly or annual basis via Stripe. By subscribing to a paid plan, you authorise Berkedai to charge your nominated payment method on a recurring basis until you cancel your subscription.

Subscription fees are non-refundable except where required by law or as expressly stated in our refund policy. If your payment fails, access to paid plan features may be suspended until payment is resolved.

6.3 Payment Processing Fees

Payment processing fees charged by third-party payment gateways (including Stripe and BillPlz/FPX) are separate from Berkedai's transaction fees and are governed by the respective gateway's terms. These fees are typically reflected in your settlement calculations.

6.4 Payouts and Settlements

Berkedai facilitates settlement of merchant earnings subject to any applicable holds, refunds, chargebacks, or disputes. Berkedai reserves the right to place settlement holds where there is a reasonable suspicion of fraud, excessive chargebacks, or policy violations.

6.5 Fee Changes

We reserve the right to modify our fee structure. We will provide merchants with at least 30 days' notice before any fee changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated fees.

7. Intellectual Property

7.1 Merchant Content

You retain all ownership rights in the content you upload to the Platform, including product images, descriptions, logos, and other materials ("Merchant Content"). By uploading Merchant Content, you grant Berkedai a non-exclusive, royalty-free, worldwide licence to host, display, process, and distribute your Merchant Content solely for the purpose of operating and improving the Platform and providing services to you.

You represent and warrant that you own or have all necessary rights to the Merchant Content you upload, and that such content does not infringe the intellectual property rights of any third party.

7.2 Berkedai Platform IP

All intellectual property rights in the Platform — including software, source code, design, user interface, trademarks, and documentation — are owned by or licensed to Berkedai Digital Enterprise. Nothing in these Terms grants you any right to use Berkedai's trademarks, trade names, logos, or branding without our prior written consent.

7.3 Feedback

If you provide feedback, suggestions, or ideas to Berkedai regarding the Platform, you grant us an unrestricted, irrevocable, royalty-free licence to use such feedback for any purpose without any obligation to you.

8. Payment Processing

Berkedai integrates with third-party payment processors — including Stripe and BillPlz (for FPX and Malaysian credit card payments) — to facilitate transactions between merchants and their customers. Berkedai acts as a technology facilitator only and is not a payment processor, financial institution, or money services business.

By using payment processing features, merchants also agree to the terms of the applicable payment gateway providers. Berkedai is not responsible for payment gateway outages, processing errors, or decisions made by payment processors.

Chargebacks and disputes. Merchants are solely responsible for managing and responding to payment disputes and chargebacks initiated by customers. Berkedai may, at our discretion, deduct chargeback amounts and associated fees from a merchant's settlement balance. Merchants with excessive chargeback rates may have their account suspended or terminated.

Refunds. Refund policies are set by individual merchants. Merchants are responsible for issuing refunds to customers in accordance with their stated policies and applicable consumer protection laws. Berkedai may facilitate refund processing through the Platform but does not bear liability for any merchant's refund obligations.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Berkedai does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any defects will be corrected or that the Platform will meet your specific requirements.

Berkedai is not responsible for the actions, products, content, or services of any merchant or customer using the Platform.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Berkedai Digital Enterprise, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of — or inability to use — the Platform, including but not limited to:

• Loss of revenue or profits
• Loss of data or business information
• Loss of goodwill or business opportunity
• Damages arising from third-party payment gateway failures or outages
• Damages arising from unauthorised access to your account

In no event shall Berkedai's total cumulative liability to you for any claims arising from these Terms or your use of the Platform exceed the total fees paid by you to Berkedai in the three (3) months preceding the event giving rise to the claim, or MYR 500, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

11. Account Suspension and Termination

11.1 Termination by Merchant

You may close your Berkedai account at any time by submitting a request through your account settings or by contacting us at support@berkedai.com. Upon closure, your storefront will be taken offline. Any outstanding settlements will be processed in accordance with normal payout procedures, subject to any applicable holds.

11.2 Termination or Suspension by Berkedai

Berkedai may suspend or terminate your account at our sole discretion, with or without prior notice, in any of the following circumstances:

• Violation of these Terms or any Berkedai policy
• Listing or selling prohibited items
• Fraudulent, deceptive, or illegal activity
• Excessive chargebacks or payment disputes
• Failure to pay outstanding fees or subscription charges
• Extended account inactivity (more than 12 consecutive months with no activity)
• At the direction of law enforcement or regulatory authorities

Where practicable, we will provide advance notice before suspension, except in cases where immediate action is required to protect the Platform, other merchants, or customers.

11.3 Effect of Termination

Upon termination, your access to the Platform will cease and your storefront will be deactivated. Sections of these Terms that by their nature should survive termination — including intellectual property provisions, limitation of liability, and governing law — will continue to apply.

12. Modifications to Terms

Berkedai reserves the right to modify these Terms at any time. When we make material changes, we will notify registered merchants via email and/or an in-platform notification at least 14 days before the changes take effect. Non-material changes (such as clarifications or corrections) may take effect immediately.

The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Platform and close your account.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms — including any question regarding their existence, validity, or termination — shall be subject to the exclusive jurisdiction of the courts of Malaysia.

We encourage you to contact us first to resolve any dispute informally before initiating formal legal proceedings. To raise a concern, please write to us at legal@berkedai.com.

14. Contact Information

If you have any questions, concerns, or requests relating to these Terms of Service, you may contact us at:

• Company: Berkedai Digital Enterprise
• General enquiries: support@berkedai.com
• Legal notices: legal@berkedai.com
• Platform: berkedai.com

We aim to respond to all enquiries within 3 business days.