Seller Policy Pages

1. Definition and explanation

1.1 The following terms used in this Agreement (including these General Terms and Conditions) or in any document referred to in this Agreement shall have the following meanings, unless otherwise expressly defined in this Agreement or therein: "Agreement" means these General Terms for shopifyplus Merchant Registration and the form attached to the Conditions, including any schedule, addendum or other appendix attached to any of the foregoing, including all modifications, additions and changes thereto; "Applicable Law" means any law imposed by Parliament, the Government or any competent court in Malaysia or Any applicable laws, regulations, statutes, orders, judgments or guidelines passed or issued by the authorities now or in the future; "Business Day" means any day other than Saturday, Sunday or public holiday in Kuala Lumpur, Malaysia; "Contribution" has the meaning of this The meaning given in Article 6 of the General Terms and Conditions; "Customer Account" refers to the customer's registered account on the cms platform; "Driver" refers to the party that delivers the products ordered by the customer through the shopifyplus platform; "Effective Date" refers to the shopifyplus approved merchant The date of the submitted shopifyplus merchant registration form; "Merchant Outlet" means the restaurant or business location owned, managed and registered by the Merchant to enable the shopifyplus service, which may be modified and added from time to time in accordance with the agreement between the parties; "Merchant Profile" means the Agreement The merchant details specified in; "Merchant SOP" refers to the standard operating procedures for merchants to use shopifyplus services, which may be modified from time to time at shopifyplus's sole discretion, with or without notice; "Merchant Wallet" refers to the money held by the merchant in cms for holding transaction funds Fund Account; "Net Sales" means the total price of the Products in the transaction, excluding any taxes (including but not limited to any sales and service taxes): (a) after deducting any discounts from merchants on the shopifyplus platform; (b) Excludes merchant service fees, merchant surcharges and other fees (if any and applicable) recorded in the shopifyplus or its affiliate systems; "Order" refers to the product order made by the customer on the shopifyplus platform; "Parties" means CMS and the Merchant collectively, "Party" refers to any one of them; "Products" refers to the food and/or beverages sold by the Merchant through the ShopifyPlus platform; "Service Fee" has the meaning given in Article 7.1 of these General Terms and Conditions; " "shopifyplusPlatform" refers to the e-commerce platform of the mobile application or website ( operated by shopifyplus; "shopifyplus platform" refers to the food ordering and delivery platform operated by shopifyplus on the shopifyplus platform to provide shopifyplus services; "shopifyplus "Service" means the food ordering and delivery platform service through which merchants can sell their products and customers can order products through the shopifyplus platform, where delivery can be made by drivers or any other method determined by shopifyplus; "Transaction" means customers ordering from merchants through the shopifyplus platform and any transaction of payment products; and "Transaction Funds" means the total amount paid by the Customer for transactions conducted through the shopifyplus services on the shopifyplus platform. 1.2 In the Agreement (including these General Terms and Conditions): (a) a reference to a statutory provision shall include that provision and any legislation made under that provision, whether before or after that date, as may from time to time amend or re-enact this Agreement terms, shall also include any past statutory provisions or regulations (as modified or re-enacted from time to time) that such terms or regulations directly or indirectly supersede; (b) a reference to "writing" or "in writing" includes any visible means of reproduction; (c) ) references to "including" shall be construed as "including without limitation"; (d) references to "terms" or "schedules" are to the following terms or schedules: these general terms and conditions (unless the context otherwise requires); (e) Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and words denoting a particular gender shall include the other gender (masculine, feminine or neuter). 1.3 The headings in the Agreement (including these General Terms and Conditions) are inserted for convenience only and shall not affect the construction of the Agreement.

2. area

The agreement attached to these General Terms and Conditions contains the terms on which the shopifyplus Services are provided (as may be amended from time to time).

3. Term

This Agreement shall continue in full force and effect for a period of 1 (one) year from the Effective Date and shall automatically renew for 1 (one) year unless either party gives at least thirty (one) years written notice to the other party. 30) Number of days before the expiration of any period.

4. shopifyplus service description

4.1 The merchant acknowledges and agrees that the shopifyplus services provided by shopifyplus are limited to (a) recommending customers to merchants; (b) acting as an intermediary between customers and merchants, accepting orders and receiving payments from customers on behalf of merchants; (c) acting as a customer and merchant The middleman between communicating orders and making payments from customers to merchants. shopifyplus may make changes to shopifyplus services or suspend shopifyplus services at its sole discretion without prior notice.

4.2 ShopifyPlus shall display the product range offered by the Merchant on the ShopifyPlus Platform, provided that the range has been communicated to cgwlcms and complies with the standards separately determined by ShopifyPlus and communicated to the Merchant.

4.3 Merchant shall provide shopifyplus with all information required by shopifyplus to display products on the shopifyplus platform, including menus, products, product availability of any merchant outlets, business hours and locations of merchant outlets, logos, images, Prices and company logos are as required by shopifyplus ("Required Information"). For the avoidance of doubt, if the Merchant fails to provide shopifyplus with the necessary information, shopifyplus has the right to use any information available to shopifyplus, including any images related to the products on the shopifyplus platform. Any changes to such information must be notified to cgwlcms by Merchant no later than seven (7) business days before the changes become effective.

4.4 Merchants should continue to verify the information released by cms. If there are errors or inaccuracies, they should notify cms immediately (within 1 hour after the errors or inaccuracies are discovered). For the avoidance of doubt, the Merchant’s menu, products, logos, images, prices, corporate identity and other relevant information of the Merchant may be posted on the shopifyplus platform and other media (including but not limited to Twitter, Facebook and Google AdWords activities).

4.5 The merchant acknowledges and agrees that cms does not provide transportation services, nor does it act as a transportation service provider, courier, postal service provider, delivery service provider, catering supplier or agent of any party. shopifyplus makes no representations or warranties and does not guarantee the quality, safety and/or legality of any products. shopifyplus does not guarantee the identity of any customer or ensure that the customer will complete a transaction.

4.6 The Merchant acknowledges and agrees that the actual contract for the sale of goods is entered into directly between the Merchant and the Customer, and cms is not a party to such contracts and does not assume any responsibility, obligation or obligation in connection with any such contract and any related matters. Disputes arising from any product are limited to the merchant and the relevant customer.

4.7 Merchant must handle any refunds and/or claims arising from transactions, including but not limited to chargebacks. cms may assist the merchant with refund and/or claim settlement procedures, and the merchant further agrees that cms may, in its sole discretion, return transaction funds to the customer without the merchant's prior approval.

4.8 CMS reserves the right to suspend specific transactions and/or customer accounts and/or merchant wallets and/or shopifyplus services if CMS believes that any of the following situations have occurred:

(a) shopifyplus deems it necessary or desirable to protect the security of customer accounts and/or merchant wallets and/or shopifyplus services;

(b) shopifyplus believes that the transaction (i) violates the terms of this Agreement or violates the security requirements of the customer account and/or merchant wallet and/or shopifyplus services; (ii) is related to, including but not limited to, money laundering, terrorist financing, fraud or Suspicious, unauthorized or fraudulent transactions related to other illegal activities;

(c) If the transaction is for the sale of goods and/or services that are not part of the Merchant’s agreed upon business activities or are deemed to be in violation of applicable laws;

(d) If the Merchant engages in activities prohibited by the Merchant SOP or any other policy of the CMS or any applicable law; or

(e) Other circumstances related to cms’ compliance with any applicable laws.

4.9 Shopifyplus may, at its sole discretion, provide merchants with regular education on the development of shopifyplus services, including any changes or additions to shopifyplus service facilities.

4.10 shopifyplus reserves the right to deduct from transaction funds the service fees to which shopifyplus is entitled and donations (if any) for providing shopifyplus services through the shopifyplus platform.

4.11 If shopifyplus provides the merchant with any equipment related to the provision of shopifyplus services ("Equipment"), including but not limited to electronic data collection (EDC), the merchant agrees that it shall be responsible for such equipment and shall be obliged to remove it after the termination of the shopifyplus service. Return to cgwlcms intact. Further details regarding the use of the Device, technical and operational support and/or resolution of issues related to the Device may be provided by shopifyplus in the Merchant SOP and/or published by shopifyplus on the shopifyplus platform, which will apply to and be binding on the parties.

5. Obligations

5.1 Merchant should register as a merchant using the shopifyplus merchant registration form or any other method determined by shopifyplus. Merchant shall integrate shopifyplus services into Merchant Outlet and operate in accordance with shopifyplus’s instructions and policies (as may be revised from time to time). 5.2 Merchants shall not allow any transactions for any products or items that are prohibited and restricted by applicable laws or cms policies. 5.3 Merchant shall retain records related to transactions for at least seven (7) years from the date of the transaction. 5.4 Merchant shall conduct business and operate Merchant Outlets in accordance with applicable laws and ensure that its business activities are not prohibited by applicable laws. 5. 5 Merchant shall at all times maintain all relevant licenses and permits to conduct Merchant business, including any food safety laws and regulations. If Merchant becomes aware of any violation of its business or if the relevant authorities discover that its business violates any applicable law, Merchant must notify cms immediately (no more than one (1) hour after receipt of notification). 5.6 The Merchant represents and warrants to cms: (a) To the best of its knowledge, it has not received funds in connection with any illegal, fraudulent, deceptive or manipulative acts or practices, and the Merchant has not made any payments to or from illegal sources. To the extent Merchant becomes aware of any such transactions, Merchant agrees to immediately notify CMS to suspend any such transactions and/or customer accounts and/or merchant wallets; (b) product-related information posted on the ShopifyPlus platform complies with all legal requirements, including all information related to customer protection and welfare and any laws and regulations related to the sale of food; (c) the information provided by the merchant to cms is up to date and accurate and does not infringe the intellectual property rights of any third party; (d) provided products prepared, prepared and sold to customers are of merchantable quality and safe for consumption and are stored, produced and prepared in compliance with and will comply with all relevant retail, restaurant and food safety regulations and regulations imposed by ShopifyPlus and any applicable laws; (e) have current all licenses required by law and regulation, and there are no ongoing criminal, bankruptcy or tax proceedings or other pending penalties related to Merchant’s business operations; (f) will not be issued without the prior written approval of cms and/or its affiliates Request data and/or information in any manner from customers or other parties on behalf of cms and/or its affiliates. 5.7 If any product spoils, is defective, or causes food poisoning, allergies or other consequences affecting any customer, the Merchant will bear full responsibility and/or legal liability for such events and shall release and indemnify cms from any such matters any claims, damages or losses arising in connection therewith. 5. Person") is owned or controlled by a person who is currently the subject of any sanctions imposed or enforced by applicable governmental authorities in Malaysia (collectively, the "Sanctions") and is not located, organized or resident in a country or territory currently subject to Sanctions. Merchant shall not Use the ShopifyPlus Services in any manner that would cause any party to violate sanctions. Merchant and its subsidiaries and affiliates do not knowingly enter into any transaction or transaction with any person or party, or in any country or territory, where the transaction or transaction is or have been the subject of sanctions. 5.9 The Merchant agrees that it and its affiliates shall conduct business in compliance with applicable laws related to anti-corruption laws and shall not, directly or indirectly, take any action that may result in a violation of such laws, including, but not limited to, directly or indirectly Offer, offer or promise anything of value that may, to any governmental authority or government official, result in a violation of any such laws. The operations of the Merchant and its Affiliates shall at all times comply with relevant anti-money laundering and financial recordkeeping and reporting requirements all important aspects of applicable laws. 5.10 Merchants shall not: (a) decode or conduct any reverse engineering of the systems of cms or cms Food Platform; (b) perform any actions that may cause damage and/or interruption to the systems of shopifyplus or shopifyplus platform the behavior of;