KitaKreativ Seller Terms of Service
Effective Date: 08 February 2026
1. Acceptance of Terms
Welcome to KitaKreativ.
By registering as a Seller, creating a shop, or listing products on the KitaKreativ platform (“Platform”), you acknowledge that you have read, understood, and agree to be legally bound by these Seller Terms of Service (“Terms”), together with all related policies, guidelines, and procedures published by KitaKreativ from time to time. The Platform policies, guidelines, and procedures, including but not limited to:
- Seller Terms of Service
- Buyer Terms of Service
- Intellectual Property & Copyright Policy
- Intellectual Property Complaint & Takedown Procedure
- Fees, Commissions & Payout Policy
- Return & Refund Policy
- Product Eligibility & Marketplace Standards Policy
- Community Guidelines
- Privacy Policy
These policies form an integral part of this Agreement and may be updated from time to time. Continued use of the Platform constitutes acceptance of any revised policies. Failure to comply with any applicable policy may result in suspension, removal of listings, withholding of payouts, or termination of the Seller account at KitaKreativ’s sole discretion. In the event of conflict between policies, KitaKreativ reserves the right to determine final interpretation.
If you do not agree to these Terms, you must not register as a Seller or use the Platform.
2. Definitions
- For the purposes of these Terms:
- “Platform” refers to the KitaKreativ online marketplace.
- “Seller” refers to any individual or entity registered to sell products on the Platform.
- “Buyer” refers to any customer purchasing products through the Platform.
- “Commission” refers to the percentage fee charged by the Platform on completed transactions.
- “Content” includes product listings, images, descriptions, store information, logos, and any uploaded material.
3. Account Eligibility & Restrictions
- 3.1 Minimum Age:
- Sellers must be at least eighteen (18) years old. Individuals under eighteen (18) may only operate a shop under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- 3.2 Original Creators Only:
- KitaKreativ is a curated marketplace for original artists and handmade creators.
- Resellers, wholesalers, dropshippers, trading companies, and intermediary agencies are strictly prohibited.
- The Platform reserves the right to request proof of originality, including documentation or evidence of the creative process.
- 3.3 International Sellers:
- Non-Malaysian residents may register as Sellers provided they maintain a valid Malaysian bank account or supported payment gateway account for payout purposes. All cross-border tax, regulatory compliance, and currency conversion obligations are solely the responsibility of the Seller.
- 3.4 Account Integrity:
- Each Seller may operate only one (1) shop unless expressly approved in writing by the Platform. The Platform reserves the right to suspend or terminate accounts that are duplicates or unauthorized.
4. Commission, Fees & Financial Handling
- 4.1 Commission:
- A fifteen percent (15%) commission shall be charged on all successfully completed transactions.
- 4.2 Payment Gateway Fees:
- Payment processing fees charged by the payment gateway (estimated 1–3%) are non-refundable under all circumstances.
- 4.3 Refunds Before Payout:
- If a refund is approved before the monthly payout cycle (between the 8th and 15th of the following month), the Platform will waive the 15% commission. However, payment gateway fees remain non-refundable and will be deducted from the Seller’s balance.
- 4.4 Refunds After Payout:
- If a refund is processed after payout has been released to the Seller, the commission shall be deemed fully earned and non-refundable. Any required refund must be settled directly between the Seller and Buyer.
- 4.5 Negative Balance:
- If any refund, fee, penalty, or adjustment exceeds the Seller’s available balance, a negative balance shall be recorded and automatically offset against future earnings.
- 4.6 Pricing Responsibility:
- Sellers have sole discretion to determine product pricing. All listed prices must include any applicable taxes, duties, or mandatory charges. Sellers shall not impose additional hidden fees after order confirmation.
- 4.7 Tax Responsibility:
- Sellers are solely responsible for all applicable taxes, customs duties, regulatory filings, and legal compliance relating to their sales activities. The Platform does not provide tax or legal advice.
5. Seller Responsibilities
- By using the Platform, Sellers agree to:
- Provide accurate, truthful, and complete product listings.
- Ensure all Content does not infringe intellectual property rights.
- Fulfill orders within stated processing timelines (3–5 working days for ready stock unless otherwise specified).
- Provide valid tracking information where applicable.
- Handle custom orders professionally and in good faith.
- Comply with all applicable Malaysian laws and regulations.
- Respond to Buyer inquiries promptly and professionally.
- Adhere to the Platform’s Refund & Return Policy.
- Maintain professional conduct and refrain from fraudulent, misleading, or abusive behavior.
6. Product Categorisation
- Sellers are responsible for correctly categorising their products in accordance with Platform guidelines. The Platform reserves the right to reclassify, suspend, or remove improperly categorised listings. In the event of a dispute, the Platform’s decision shall be final.
7. Platform Enforcement Rights
- KitaKreativ reserves the right, at its sole discretion, to:
- Remove, suspend, or modify listings;
- Restrict, suspend, or terminate Seller accounts;
- Freeze, withhold, or offset payouts during investigations;
- Recover outstanding balances owed to the Platform;
- Refer suspected illegal conduct to the relevant authorities.
- Grounds for enforcement may include, but are not limited to:
- Violation of these Terms or Platform policies;
- Fraudulent or deceptive conduct;
- Intellectual property infringement;
- Misrepresentation;
- Harmful or unlawful behavior.
8. Intellectual Property & License
- Sellers retain ownership of their original creations.
- By listing products on the Platform, Sellers grant KitaKreativ a non-exclusive, royalty-free, worldwide license to use product images, descriptions, store information, and profile images for marketing, promotional, and informational purposes.
- Such usage does not constitute a paid advertising arrangement, and no additional compensation shall be provided.
- Sellers may request exclusion from promotional usage by submitting a written request to the Platform. Approval shall be subject to review and the discretion of the Platform.
- Sellers must not infringe any third-party intellectual property rights. All legal consequences arising from infringement shall be borne solely by the Seller.
9. Limited License to Use the Platform
- The Platform grants Sellers a limited, revocable, non-transferable license to access and use the services solely for lawful selling activities.
- Sellers shall not:
- Copy, reproduce, or distribute Platform content;
- Use automated tools to scrape or extract data;
- Modify or reverse engineer the Platform;
- Misuse the Platform’s trademarks or branding.
10. System Availability & Technical Risks
- The Platform does not guarantee uninterrupted, secure, or error-free operation of the website or services.
- KitaKreativ shall not be liable for any losses, damages, or business interruption arising from:
- Internet service disruptions;
- Server downtime or hosting failures;
- Cybersecurity incidents, malware, or hacking attempts;
- Technical malfunctions, software errors, or system maintenance;
- Force majeure events beyond reasonable control.
- Use of the Platform is at the Seller’s own risk.
11. Limitation of Liability
- KitaKreativ operates solely as an intermediary marketplace.
- To the maximum extent permitted by law, KitaKreativ shall not be liable for:
- Product defects or safety issues;
- Delivery delays or courier failures;
- Loss of profits or indirect damages;
- Seller tax or regulatory obligations；
- Loss of profits, revenue, data, or anticipated savings;
- Business interruption;
- Indirect or consequential damages;
- Technical disruptions or system failures.
- The total liability of the Platform shall not exceed the total commission earned from the Seller within the preceding three (3) months.
12. Indemnification
- Sellers agree to indemnify, defend, and hold harmless KitaKreativ, its owners, affiliates, officers, and administrators from and against any claims, demands, damages, losses, liabilities, costs, or legal expenses arising out of or related to:
- Product defects or safety issues;
- Intellectual property infringement;
- Regulatory or statutory violations;
- Seller misconduct, negligence, or breach of these Terms;
- Any claim made by a Buyer or third party relating to the Seller’s products or actions.
- This indemnification obligation shall survive termination of the Seller’s account.
13. Policy Amendments
- The Platform reserves the right to amend these Terms at any time. Updated Terms shall take effect upon publication. Continued use of the Platform constitutes acceptance of revised Terms.
14. Governing Law & Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
15. Severability
- If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
- These Terms constitute the entire agreement between the Seller and KitaKreativ regarding Seller use of the Platform and supersede all prior agreements or understandings.
17. Acknowledgement
- By completing Seller registration, you confirm that you have read, understood, and agreed to be bound by these Seller Terms of Service.
