Seller Policy Pages

GENERAL TERMS AND CONDITIONS FOR POSHMARKFOOD

MERCHANT

1. DEFINITIONS AND INTERPRETATION 1.1 The following terms when used in the Agreement (including these General Terms and Conditions) or any document referred to herein shall have the following meaning, unless otherwise specifically defined herein or therein: “Agreement” means the poshmarkFood Merchant Registration Form to which these General Terms and Conditions are attached to, including any schedules, appendices or other attachments attached to any of the foregoing, including all amendments, additions, and variations thereto; “Applicable Law” means any applicable law, statute, regulation, order, judgement, or guideline passed or issued by parliament, government or any competent court or authority in Malaysia existing at this time or in the future; “Business Day” means any day other than a Saturday, Sunday or a public holiday in Kuala Lumpur, Malaysia; “Contributions” has the meaning ascribed to it in Clause 6 of this General Terms and Conditions; “Customer Account” means the Customer’s registered account(s) on the poshmark Platform; “Driver” means the party conducting delivery of the Products ordered by the Customers through poshmarkFood Platform; “Effective Date” means the date of which poshmark approves the poshmarkFood Merchant Registration Form submitted by the Merchant; “Merchant Outlet” means a restaurant or place of business that is owned, managed, and registered by the Merchant to enable the poshmarkFood Services as can be amended and added from time to time based on the agreement of the Parties; “Merchant SOP” means Standard Operating Procedures for Use of poshmarkFood Services for Merchants, as can be amended from time to time at the sole discretion of poshmark with or without any notification; “Merchant Wallet” means the Merchant’s funds account(s) held with poshmark to hold Transaction Funds; “Net Sales” means the total price of the Products in the Transaction excluding any taxes (including but not limited to any sale and services tax): (a) after the deduction of any discounts from the Merchant on the poshmarkFood Platform; (b) excluding, Merchant’s service charge, Merchant’s surcharge, and other fees (if any and as applicable) as recorded on poshmark’s or its affiliates’ system; “Order” means the order of the Products made by the Customers on the poshmarkFood Platform; “Parties” means, collectively, poshmark and the Merchant and “Party” means either one of them; “Products” means the food and/or beverages sold by the Merchant through poshmarkFood Platform; “poshmark Platform” means e-commerce platform through mobile application or website (http://www.poshmarkmall.com) operated by poshmark; “poshmarkFood Platform” means the food order and delivery platform operated by poshmark on the poshmark Platform for the provision of poshmarkFood Services; “poshmarkFood Services” means a food order and delivery platform services where Merchant is able to sell its Products and the Customers can order the Products, through poshmarkFood Platform, where the delivery may be conducted by the Drivers or any other method as determined by poshmark; “Transaction” means any transaction by the Customers of ordering and payment of Products from Merchant through poshmarkFood Platform; “Transaction Funds” means the total amount paid by the Customers for a Transaction through the poshmarkFood Services on the poshmarkFood Platform.

2. SCOPE The Agreement (including all attachments and other documents referred to herein, including, but not limited to, the Merchant SOP and the standard operating procedures by poshmark for the provision of poshmarkFood Services) represents the entire agreement of the Parties in relation to its subject matter, of which the Parties shall be bound to it.

3. TERM The Agreement shall continue in full force and effect for 1 (one) year as of the Effective Date, and shall be automatically renewed for succeeding terms of 1 (one) year each unless either Party gives written notice to the other Party at least thirty (30) days prior to the expiration of any term.

4. DESCRIPTION OF POSHMARKFOOD SERVICES 4.1 Merchant acknowledges and agrees that the poshmarkFood Services provided by poshmark are limited to (a) referring Customers to Merchant; (b) as an intermediary between the Customer and the Merchant, accepting Orders and receiving payments from Customers on Merchant’s behalf; and (c) as an intermediary between the Customer and the Merchant, including communicating Orders and disbursing payments from Customers to Merchant. 4.6 Merchant acknowledges and agrees that the actual contract for the sale of the Products is directly between Merchant and the Customers, and poshmark is not a party to such contracts.

5. GOVERNING LAW; DISPUTE RESOLUTION The Agreement shall be governed by the laws of Malaysia. Any dispute, controversy, difference or claim arising out of or relating to the Agreement shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur.

6. NOTICES 17.1 All notices or other communications made to poshmark shall be in writing and sent to: poshmark Mobile Malaysia Sdn. Bhd. Level 25, Menara Southpoint, Mid Valley City, 59200, Kuala Lumpur, Malaysia. E-mail: legal.my@poshmarkmall.com Attention: Group General Counsel

Last Updated: 11 October 2021