MARKETPLACE SELLER AGREEMENT

Effective Date: 5 June 2026

This Marketplace Seller Agreement ("Agreement") governs the participation of merchants, businesses, brands, creators, and sellers ("Seller") on BOOMieY ("Platform").

By creating a seller account, listing products or services, or using seller-related features, the Seller agrees to be bound by this Agreement.

1. ELIGIBILITY

The Seller represents and warrants that:

• The Seller has the legal authority to enter into this Agreement.
• The Seller is legally permitted to operate the business.
• All registration information provided is accurate and complete.
• The Seller will comply with all applicable laws and regulations.

BOOMieY may require identity verification, business verification, or additional documentation at any time.

2. SELLER ACCOUNT

The Seller is responsible for:

• Maintaining accurate account information.
• Protecting account credentials.
• All activity conducted under the account.
• Promptly updating business information when changes occur.

BOOMieY may suspend or terminate accounts that contain false or misleading information.

3. PRODUCT AND SERVICE LISTINGS

The Seller is solely responsible for all products, services, content, pricing, descriptions, images, promotions, and other information published through the Platform.

The Seller represents and warrants that all listings shall:

• Be accurate, truthful, complete, and not misleading;
• Accurately describe the product or service being offered;
• Include correct pricing, fees, and applicable charges;
• Include accurate availability and inventory information where applicable;
• Comply with applicable laws, regulations, and industry requirements;
• Comply with all BOOMieY policies, including the Merchant Policy and any related guidelines published by BOOMieY from time to time;
• Respect the intellectual property rights of third parties.

The Seller shall not publish listings that contain false representations, deceptive marketing practices, inaccurate pricing, misleading claims, or content intended to mislead customers.

BOOMieY reserves the right, but not the obligation, to review, reject, modify, suspend, restrict, or remove any listing that violates this Agreement, the Merchant Policy, applicable laws, or other Platform policies.

The Seller acknowledges that BOOMieY may establish additional listing requirements, content standards, category restrictions, and operational rules through the Merchant Policy or other Platform policies, which shall form part of this Agreement.

4. PROHIBITED PRODUCTS AND SERVICES

The Seller may not list, market, promote, distribute, or sell products or services that are prohibited by applicable law, restricted by BOOMieY policies, or otherwise determined by BOOMieY to create legal, operational, security, reputational, or compliance risks.

The Seller agrees to comply with the Merchant Policy, which contains additional requirements, restrictions, and prohibited product categories.

Without limiting the foregoing, Sellers may not offer products or services that are:

• Illegal under applicable law;
• Counterfeit, unauthorized, or infringing intellectual property rights;
• Fraudulent, deceptive, or misleading;
• Associated with unlawful activities;
• Dangerous, hazardous, or restricted products;
• Prohibited under the Merchant Policy;
• Otherwise prohibited by BOOMieY from time to time.

BOOMieY reserves the right to determine, in its sole discretion, whether any product, service, category, or listing is prohibited, restricted, or unsuitable for the Platform.

BOOMieY may update, expand, or modify prohibited product categories and related requirements through the Merchant Policy or other Platform policies without requiring amendments to this Agreement.

The Seller is responsible for ensuring ongoing compliance with all current Platform policies.

5. ORDER FULFILLMENT

The Seller is solely responsible for all aspects of fulfilling customer transactions conducted through the Platform.

Such responsibilities include, without limitation:

• Processing customer orders;
• Maintaining accurate inventory records;
• Managing product availability;
• Packaging products appropriately;
• Shipping and delivery;
• Providing customer support;
• Handling customer inquiries and complaints;
• Providing warranties and after-sales support where applicable;
• Managing returns, exchanges, cancellations, and refunds;
• Resolving customer disputes;
• Complying with applicable consumer protection laws.

The Seller shall maintain reasonable operational standards and use commercially reasonable efforts to fulfill customer orders accurately and in a timely manner.

BOOMieY is not responsible for:

• Inventory shortages;
• Delivery failures or delays;
• Product defects;
• Customer complaints;
• Warranty claims;
• Refund disputes;
• Seller performance;
• Any obligation arising from the sale of products or services by the Seller.

The Seller acknowledges that BOOMieY acts solely as a technology platform and is not a party to the transaction between the Seller and the Customer unless expressly stated otherwise.

BOOMieY does not guarantee sales volume, customer traffic, transaction volume, business growth, revenue generation, or any minimum level of commercial success.

6. REFUNDS, RETURNS, AND CANCELLATIONS

The Seller shall establish, maintain, and comply with its own refund, return, exchange, cancellation, warranty, and after-sales support policies.

Such policies must:

• Be clearly communicated to Customers prior to purchase;
• Comply with applicable laws and regulations;
• Be accurate, transparent, and not misleading;
• Be consistently applied to Customers.

The Seller is solely responsible for administering and resolving all matters relating to:

• Refund requests;
• Returns and exchanges;
• Cancellations;
• Warranty claims;
• Product defects;
• Delivery issues;
• Customer complaints;
• Customer disputes.

The Seller acknowledges that BOOMieY acts solely as a technology platform and is not the seller, supplier, manufacturer, distributor, or provider of products or services offered by the Seller.

The Seller shall comply with the BOOMieY Refund Policy and any related Platform policies that may apply to merchant activities.

BOOMieY is not responsible for:

• Refund decisions made by Sellers;
• Product quality or suitability;
• Delivery failures or delays;
• Warranty obligations;
• Customer dissatisfaction;
• Disputes arising between Customers and Sellers.

BOOMieY reserves the right, but not the obligation, to review complaints, investigate policy violations, and take enforcement actions against Sellers where necessary to protect Customers, the Platform, or the integrity of the marketplace.

Nothing in this Agreement limits any rights that Customers may have under applicable consumer protection laws.

7. CUSTOMER RELATIONSHIP DATA

BOOMieY is designed to help businesses establish, manage, and maintain direct relationships with their customers.

The Seller acknowledges and agrees that the collection, use, sharing, export, portability, and management of customer relationship information shall be governed by:

• This Agreement;
• The Customer Relationship Policy;
• The Customer Relationship Ownership & Portability Policy;
• The Privacy Policy;
• The PDPA Notice;
• Applicable laws and regulations.

Subject to customer rights, applicable law, and Platform policies:

• Sellers retain ownership of their Customer Relationship Data;
• BOOMieY acts as the technology and infrastructure provider facilitating customer relationships;
• BOOMieY does not claim ownership of Seller customer databases;
• Eligible Sellers may access and export certain customer relationship information through Platform functionality;
• Data access and export rights may be subject to eligibility requirements, account standing, compliance reviews, technical limitations, and Platform policies.

The Seller acknowledges that BOOMieY may impose restrictions, limitations, approval requirements, or eligibility criteria relating to customer data exports in order to protect customer privacy, Platform security, legal compliance, and system integrity.

The Seller shall use customer information solely for legitimate business purposes connected to the Seller's relationship with the Customer.

BOOMieY reserves the right to restrict, suspend, or revoke data access and export privileges where necessary to protect Customers, comply with legal obligations, enforce Platform policies, or prevent misuse.

8. PRIVACY AND DATA PROTECTION

The Seller agrees to comply with all applicable privacy, data protection, marketing, communications, and consumer protection laws and regulations.

Without limitation, the Seller agrees to:

• Comply with the Personal Data Protection Act 2010 (Malaysia) where applicable;
• Obtain all required permissions, notices, and consents;
• Use customer information only for lawful and legitimate business purposes;
• Respect customer privacy rights;
• Protect customer information against unauthorized access, disclosure, misuse, loss, alteration, or destruction;
• Maintain reasonable administrative, organizational, and technical safeguards;
• Cooperate with reasonable compliance and security investigations conducted by BOOMieY.

The Seller shall not:

• Sell customer information to third parties without lawful authority;
• Misuse customer information;
• Use customer information for unlawful marketing activities;
• Engage in spam or unsolicited communications in violation of applicable laws;
• Share customer information in a manner inconsistent with applicable laws or Platform policies;
• Circumvent customer privacy preferences, consent mechanisms, or legal rights.

The Seller acknowledges that access to customer information is provided solely for the purpose of managing legitimate customer relationships established through the Platform.

Violation of privacy or data protection obligations may result in:

• Suspension of data access privileges;
• Restriction of Platform functionality;
• Account suspension;
• Account termination;
• Additional enforcement actions permitted under Platform policies or applicable law.

The Seller remains solely responsible for all processing, storage, usage, transfer, and protection of customer information once such information has been accessed or exported from the Platform.

9. FEES

BOOMieY may offer free and paid services to Sellers.

Paid services may include, without limitation:

• Subscription plans;
• Marketplace listing services;
• Transaction-related fees;
• Advertising services;
• Boost services;
• Sponsored placements;
• Promotional campaigns;
• Premium features;
• Additional tools, integrations, or services made available through the Platform.

Applicable fees, pricing, billing terms, usage limits, and eligibility requirements shall be displayed through the Platform, Seller Portal, order pages, advertising interfaces, or other applicable service documentation.

The Seller agrees to pay all applicable fees associated with the use of paid services.

Unless otherwise expressly stated:

• Fees are non-refundable;
• Fees are exclusive of applicable taxes;
• The Seller is responsible for any applicable taxes, duties, levies, or governmental charges.

Advertising, Boost, promotional, and sponsored services are intended to increase visibility and exposure but do not guarantee:

• Sales;
• Leads;
• Conversions;
• Revenue;
• Customer acquisition;
• Engagement levels;
• Business growth.

BOOMieY reserves the right to modify pricing, billing structures, service offerings, usage limits, or fee schedules from time to time.

Where reasonably practicable, BOOMieY will provide notice of material fee changes before such changes become effective.

Additional requirements relating to fees, subscriptions, advertising services, or promotional services may be published through separate policies, service terms, or Platform documentation, which shall form part of this Agreement.

10. INTELLECTUAL PROPERTY

The Seller retains ownership of all intellectual property rights relating to trademarks, trade names, logos, branding materials, product images, marketing materials, content, and other materials uploaded or provided by the Seller.

The Seller grants BOOMieY a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, publish, promote, modify for formatting purposes, and otherwise use such content solely for purposes related to:

• Operating the Platform;
• Providing services;
• Displaying listings;
• Marketing and promoting the Platform;
• Supporting advertising and promotional services;
• Improving Platform functionality;
• Complying with legal obligations.

The Seller represents and warrants that:

• The Seller owns or controls all necessary rights relating to submitted content;
• The content does not infringe the rights of any third party;
• The Seller has authority to grant the license described in this Agreement.

BOOMieY may remove content that violates applicable laws, Platform policies, intellectual property rights, or this Agreement.

Nothing in this Agreement transfers ownership of BOOMieY's intellectual property, software, systems, trademarks, branding, technology, or Platform infrastructure to the Seller.

11. CUSTOMER COMMUNICATIONS

BOOMieY provides tools that may enable Sellers to communicate with Customers for legitimate business purposes.

The Seller may use such communication tools only in accordance with:

• Applicable laws;
• Privacy requirements;
• The Customer Relationship Policy;
• The Customer Relationship Ownership & Portability Policy;
• Platform policies and guidelines.

The Seller shall not:

• Send spam or unsolicited communications in violation of applicable laws;
• Harass, threaten, intimidate, or abuse Customers;
• Send misleading, deceptive, or fraudulent communications;
• Use customer information unlawfully;
• Circumvent customer privacy preferences;
• Attempt to bypass Platform security controls;
• Engage in phishing, impersonation, or fraudulent activities;
• Use communication tools in a manner that harms Customers or the Platform.

BOOMieY may monitor, restrict, suspend, or disable communication features where necessary to protect Customers, comply with legal obligations, investigate misconduct, or maintain Platform integrity.

12. COMPLIANCE AND AUDITS

BOOMieY reserves the right to investigate suspected violations of this Agreement, Platform policies, legal requirements, security requirements, or compliance obligations.

The Seller agrees to cooperate with reasonable requests relating to:

• Identity verification;
• Business verification;
• Compliance reviews;
• Customer complaints;
• Security investigations;
• Fraud investigations;
• Regulatory inquiries;
• Platform policy enforcement.

BOOMieY may request information, documentation, records, or evidence reasonably necessary to verify compliance.

Failure to cooperate with compliance reviews, investigations, verification requests, or audit-related inquiries may result in enforcement action, including suspension, restriction, or termination of Seller access.

Nothing in this section obligates BOOMieY to conduct audits or investigations.

13. SUSPENSION AND TERMINATION

BOOMieY may suspend, restrict, limit, disable, or terminate a Seller account, listing, feature, service, advertising campaign, Boost service, or Platform access where BOOMieY reasonably determines that such action is necessary.

Reasons may include, without limitation:

• Violation of this Agreement;
• Violation of Platform policies;
• Fraudulent or deceptive activity;
• Excessive customer complaints;
• Abuse of Platform systems;
• Misuse of customer information;
• Intellectual property violations;
• Security risks;
• Regulatory or legal risks;
• Failure to comply with verification requirements;
• Harmful conduct toward Customers;
• Conduct that damages the reputation, integrity, or operation of the Platform.

BOOMieY may take such action with or without prior notice where reasonably necessary to protect Customers, the Platform, legal compliance, security, or operational integrity.

Upon termination:

• Seller access may be disabled;
• Listings may be removed;
• Advertising and promotional services may be stopped;
• Data access privileges may be restricted;
• Outstanding obligations shall survive termination where applicable.

Termination or suspension does not relieve the Seller of obligations, liabilities, or responsibilities arising prior to termination.

14. DISCLAIMERS

BOOMieY provides the Platform, including all services, features, advertising tools, Boost services, and related functionalities, on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, BOOMieY makes no warranties or representations of any kind, whether express or implied, including but not limited to:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy, reliability, or completeness of content.

BOOMieY does not guarantee, and expressly disclaims any guarantee of:

• Sales performance or business success;
• Customer acquisition or retention;
• Revenue generation or profit;
• Engagement, reach, impressions, or conversions (including for Ads or Boost services);
• Uninterrupted, timely, or error-free operation of the Platform;
• Compatibility with third-party systems or services.

The Seller acknowledges that marketplace performance is influenced by multiple factors outside BOOMieY’s control, including but not limited to product quality, pricing, competition, marketing, and customer behavior.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, BOOMieY shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to the use of the Platform or Services.

This includes, without limitation:

• Loss of profits or revenue;
• Loss of business opportunities;
• Loss of goodwill or reputation;
• Loss or corruption of data;
• Customer disputes or complaints;
• Product or service defects;
• Delivery delays or failures;
• Unauthorized access to accounts;
• Actions or omissions of Customers or other Sellers;
• Use or inability to use advertising or Boost services.

BOOMieY’s total aggregate liability for any claim arising out of or related to this Agreement shall not exceed the total amount paid by the Seller to BOOMieY in the twelve (12) months immediately preceding the event giving rise to the claim.

If no fees were paid by the Seller, BOOMieY’s liability shall be limited to the maximum extent permitted by applicable law.

16. INDEMNIFICATION

The Seller agrees to defend, indemnify, and hold harmless BOOMieY, its parent company (if any), affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Products or services offered by the Seller;
• Seller listings, content, or communications;
• Seller’s breach of this Agreement or Platform policies;
• Seller’s violation of applicable laws or regulations;
• Misuse of customer data or personal information;
• Fraudulent, negligent, or unlawful conduct by the Seller.

BOOMieY reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at the Seller’s expense, and the Seller agrees to cooperate fully in such defense.

17. CHANGES TO THIS AGREEMENT

BOOMieY may update, modify, or replace this Agreement from time to time to reflect changes in business operations, legal requirements, Platform functionality, or commercial needs.

The updated version will be posted on the Platform with a revised Effective Date.

Where required by applicable law or where changes are material, BOOMieY may provide additional notice through the Platform, email, or Seller Portal.

Continued access to or use of Seller services after the updated Agreement becomes effective constitutes acceptance of the revised Agreement.

If the Seller does not agree to the updated Agreement, the Seller must discontinue use of the Platform and Seller services.

18. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its interpretation, breach, termination, or validity, shall be subject to the exclusive jurisdiction of the courts of Malaysia.

19. CONTACT INFORMATION

Quantarie Technologies

Penang, Malaysia

Support Email: [email protected]

Legal Email: [email protected]

Website: https://www.boomiey.com/