BrandStage

Welcome to BrandStage, a marketplace platform operating in Malaysia that connects Vendors (providers of Spaces, Event Services, and Event Rentals) with Users (brands, agencies, or individuals booking brand activations). These Terms of Use govern the use of the BrandStage platform by Vendors and Users, as well as the obligations of BrandStage. By accessing or using the platform, you agree to be bound by these terms. If you do not agree, you may not use the platform.

1. Definitions

1. BrandStage: The online marketplace platform owned and operated by BrandStage Sdn Bhd, a company registered in Malaysia, facilitating bookings between Vendors and Users.

2. Vendor: An individual or entity providing Spaces (venues or locations), Event Services (e.g., catering, photography, entertainment), or Event Rentals (e.g., equipment, furniture, decor) listed on the platform.

3. User: An individual, brand, or agency booking Vendor services through the platform for brand activations or events.

4. Services: The collective offerings of Spaces, Event Services, and Event Rentals provided by Vendors and booked by Users via the platform.

5. Platform: The BrandStage website, mobile applications, and associated systems facilitating bookings, payments, and communications.

2. Acceptance of Terms

1. By accessing or using the platform, Vendors and Users agree to these Terms of Use, BrandStage’s Privacy Policy, and any additional policies or agreements referenced herein.

2. BrandStage reserves the right to update these terms at any time. Continued use of the platform constitutes acceptance of the updated terms.

3. Vendors and Users must comply with all applicable Malaysian laws, including the Contracts Act 1950, Consumer Protection Act 1999, and Electronic Commerce Act 2006.

3. Platform Overview

1. BrandStage acts as an intermediary, managing the booking process, including inquiries, scheduling, payments, and communication between Vendors and Users.

2. Vendors are responsible for providing accurate service details (e.g., pricing, FAQs, availability) and syncing their calendars with the platform.

3. Users book Services directly through the platform, and BrandStage facilitates secure payments and communication.

4. BrandStage is not a party to the agreements between Vendors and Users but enforces platform policies to ensure a fair and secure experience.

4. Vendor Obligations

1. Vendors must provide accurate, complete, and up-to-date information about their Services, including pricing, availability, and any terms or restrictions.

2. Vendors must maintain an active and synced calendar to avoid booking conflicts. BrandStage is not liable for errors due to outdated Vendor information.

3. Vendors must deliver Services as described in their listings and agreed upon with Users during the booking process.

4. Vendors must comply with all applicable Malaysian laws, including tax obligations, licensing requirements, and safety regulations.

5. Vendors grant BrandStage a non-exclusive, royalty-free license to use their listing content (e.g., photos, descriptions) for marketing and operational purposes.

6. Vendors are solely responsible for obtaining appropriate insurance for their Services, including public liability insurance where applicable.

7. Vendors must respond to inquiries and booking requests within 24 hours to maintain good standing on the platform.

5. User Obligations

1. Users must provide accurate information when creating an account and making bookings, including contact details and event requirements.

2. Users must use the platform solely for lawful purposes and in accordance with these terms.

3. Users are responsible for ensuring their event plans comply with Malaysian laws, including obtaining necessary permits or approvals.

4. Users must communicate respectfully with Vendors and BrandStage support staff.

5. Users must not attempt to bypass the platform to directly contract with Vendors for Services discovered through BrandStage.

6. Booking and Payment Process

1. BrandStage manages the entire booking process, from inquiry to confirmation and payment collection.

2. Users pay for Services through the platform’s secure payment gateway. BrandStage supports payments via credit/debit cards, bank transfers, and other methods available in Malaysia.

3. Vendors receive payments, less BrandStage’s commission and applicable taxes, within 7 business days after the Service is delivered, provided no disputes are raised.

4. BrandStage charges Vendors a commission for each booking, as outlined in the Vendor agreement. The commission rate is subject to change with notice.

5. All payments are processed in Malaysian Ringgit (MYR) unless otherwise specified.

6. Users are responsible for any additional fees (e.g., taxes, surcharges) specified in the Vendor’s listing or booking agreement.

7. Cancellations and Refunds

1. Cancellation and refund policies are set by Vendors and must be clearly stated in their listings. BrandStage enforces these policies unless they violate Malaysian law.

2. Users must submit cancellation requests through the platform. Refunds, if applicable, are processed within 14 business days.

3. Vendors may charge cancellation fees as outlined in their policies. BrandStage is not liable for such fees.

4. BrandStage reserves the right to withhold Vendor payouts in cases of suspected fraud, disputes, or non-delivery of Services.

5. In the event of a Vendor-initiated cancellation, BrandStage may issue a full refund to the User and impose penalties on the Vendor, including removal from the platform.

6. BrandStage is not liable for losses incurred due to cancellations caused by force majeure events (e.g., natural disasters, government restrictions).

8. Disputes and Resolution

1. Disputes between Vendors and Users must be reported to BrandStage within 7 days of Service delivery.

2. BrandStage will mediate disputes in good faith, but its decisions are final and binding.

3. BrandStage may withhold payments or issue refunds during dispute resolution, at its sole discretion.

4. Vendors and Users agree to cooperate fully with BrandStage’s dispute resolution process.

5. BrandStage is not liable for disputes arising from miscommunication or agreements made outside the platform.

9. Intellectual Property

1. BrandStage owns all intellectual property associated with the platform, including its design, code, and branding.

2. Vendors and Users retain ownership of their content but grant BrandStage a license to use it for platform operations and marketing.

3. Users and Vendors must not reproduce, modify, or distribute BrandStage’s intellectual property without written consent.

10. Prohibited Activities

1. Vendors and Users must not engage in activities that violate Malaysian law or BrandStage policies, including fraud, misrepresentation, or harassment.

2. Users must not book Services for unlawful or prohibited events (e.g., events promoting hate speech or illegal activities).

3. Vendors and Users must not attempt to manipulate platform ratings, reviews, or algorithms.

4. Direct contracting outside the platform for Services discovered through BrandStage is prohibited and may result in account suspension.

11. Account Termination

1. BrandStage may suspend or terminate Vendor or User accounts for violations of these terms, at its sole discretion.

2. Vendors and Users may terminate their accounts by contacting BrandStage support, subject to settling any outstanding payments or disputes.

3. Upon termination, Vendors and Users lose access to the platform, but obligations (e.g., payment disputes, confidentiality) survive termination.

12. Liability and Indemnity

1. BrandStage is not liable for losses, damages, or injuries arising from Vendor or User actions, including Service delivery or event execution.

2. Vendors and Users indemnify BrandStage against claims, losses, or liabilities arising from their use of the platform or breach of these terms.

3. BrandStage’s liability, if any, is limited to the commission earned from the disputed booking.

4. BrandStage is not responsible for verifying the accuracy of Vendor listings or User information.

13. Privacy and Data Protection

1. BrandStage collects, processes, and stores personal data in accordance with its Privacy Policy and the Personal Data Protection Act 2010 (Malaysia).

2. Vendors and Users consent to BrandStage sharing their contact details with each other solely for booking purposes.

3. BrandStage implements reasonable security measures but is not liable for data breaches beyond its control.

14. Force Majeure

1. BrandStage, Vendors, and Users are not liable for delays or failures to perform due to force majeure events, including natural disasters, government actions, or pandemics.

2. Affected parties must notify others promptly and resume performance as soon as practicable.

15. Governing Law and Jurisdiction

1. These terms are governed by the laws of Malaysia.

2. Any disputes arising from these terms shall be resolved in the courts of Kuala Lumpur, Malaysia.

16. Miscellaneous

1. These terms constitute the entire agreement between BrandStage, Vendors, and Users, superseding any prior agreements.

2. If any provision is found invalid, the remaining provisions remain enforceable.

3. BrandStage’s failure to enforce any term does not constitute a waiver of that term.

4. Vendors and Users may not assign their rights or obligations without BrandStage’s consent.