Term Conditions Page
1. Definitions and interpretation
1.1
The following terms used in this Agreement (including these General Terms and Conditions) or in any document referred to herein shall have the following meanings, unless expressly defined otherwise in this Agreement or therein: "Agreement" means cgwlcmsFood Merchant Register these General Terms and Forms attached to the Conditions, including any schedule, addendum or other annex to any of the foregoing, including all amendments, additions and variations thereto; "applicable law" means any Any applicable laws, statutes, regulations, orders, judgments or guidelines passed or issued, now or in the future; "Business Day" means any day other than Saturdays, Sundays or public holidays in Kuala Lumpur, Malaysia; "Contribution" has this general The meaning given by Article 6 of the 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 cgwlcmsFood platform; "effective date" refers to the cgwlcms approved merchant to submit date of the cgwlcmsFood Merchant Registration Form; "Merchant Outlet" refers to the restaurant or business establishment owned, managed and registered by the Merchant to enable the cgwlcmsFood service, which may be modified and added from time to time according to the agreement between the parties; "Merchant Information" refers to the The specified merchant details; "Merchant SOP" refers to the standard operating procedure for merchants to use cgwlcmsFood services, which cgwlcms may modify from time to time at its sole discretion, with or without notice; Funding Account; "Net Sales" means the total price of the Products in the transaction, exclusive of any taxes (including but not limited to any sales and service tax): (a) after deducting any discounts from merchants on the cgwlcmsFood platform; (b) without Including merchant service fees, merchant surcharges and other charges (if any and applicable) recorded in the cgwlcms or its affiliated company system; "Order" means a product order made by a customer on the cgwlcmsFood platform; "Parties" means cms "Party" refers to any one of them; "product" refers to the food and/or beverage sold by the merchant through the cgwlcmsFood platform; "service fee" has the meaning given in Article 7.1 of these general terms and conditions; "cgwlcms "Platform" means the e-commerce platform of the mobile application or website (www.cgwlcms.com.my) operated by cgwlcms; "cgwlcmsFood Platform" means the food ordering and delivery platform operated by cgwlcms on the cgwlcms Platform for the cgwlcmsFood service; "cgwlcmsFood "Service" means a food ordering and delivery platform service where a Merchant is able to sell its Products and Customers can order Products through the cgwlcmsFood Platform, where delivery may be made by driver or any other means determined by cgwlcms; "Transaction" means a Customer orders from a Merchant through the cgwlcmsFood Platform and payment products; and "Transaction Funds" means the total amount paid by customers for transactions made through the cgwlcmsFood service on the cgwlcmsFood platform.
1.2
In the Agreement (including these General Terms and Conditions): (a) a reference to a Statutory Clause shall include that Clause and any statutes made thereunder, whether before or after that date, amending or reformulating the terms of this Agreement from time to time , shall also include any past statutory provisions or regulations (as amended or re-enacted from time to time) that such provision or regulation directly or indirectly supersedes; (b) references to "in writing" or "in writing" include any visible means of reproduction; (c) References to "including" shall be construed as "including but not limited to"; (d) references to "terms" or "schedules" are to the following terms or schedules: these general terms and conditions (unless the context requires otherwise); ( e) Words denoting the singular shall include the plural and vice versa and words denoting a specific gender shall include the other gender (masculine, feminine or neuter) unless the context otherwise requires.
1.3
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 annexed to these general terms and conditions contains the terms for the provision of cgwlcmsFood services (as may be amended from time to time).
3. Deadline
This Agreement shall continue in full force and effect for 1 (one) year from the Effective Date and shall automatically renew for 1 (one) year unless either party gives at least thirty (one) year written notice to the other. 30) The number of days before the expiry of any period.
4. cgwlcmsFood service description
4.1
The merchant acknowledges and agrees that the cgwlcmsFood service provided by cgwlcms is limited to (a) recommending customers to the merchant; (b) acting as an intermediary between the customer and the merchant, accepting orders and receiving payments from customers on behalf of the merchant; intermediaries between customers, including communicating orders and making payments from customers to merchants. cgwlcms may, in its sole discretion, make changes to the cgwlcmsFood service, or suspend the cgwlcmsFood service without notice.
4.2
cgwlcms shall display the range of products offered by the Merchant on the cgwlcmsFood platform, provided that such range has been communicated to cgwlcms and complies with the criteria separately determined by cgwlcms and communicated to the Merchant.
4.3
Merchants shall provide cgwlcms with all information required by cgwlcms to display their products on the cgwlcmsFood platform, including menus, products, product availability at any Merchant Outlet, business hours and location of the Merchant Outlet, logos, images, prices and company logo as required by cgwlcms ("required information"). For the avoidance of doubt, if the Merchant fails to provide cgwlcms with the necessary information, cgwlcms reserves the right to use any information available to cgwlcms, including any images related to the product on the cgwlcmsFood 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 continuously verify the information released by cms, and notify cms immediately if there is any error or inaccuracy (within 1 hour after discovering the error or inaccuracy). For the avoidance of doubt, the merchant's menu, products, logos, images, prices, company identity and other relevant information about the merchant may be posted on the cgwlcmsFood platform and other media (including but not limited to Twitter, Facebook and Google AdWords campaigns).
4.5
Merchant acknowledges and agrees that cms does not provide shipping services and does not act as a shipping service provider, courier, postal service provider, delivery service provider, caterer or agent of any party. cgwlcms makes no representations or warranties and does not guarantee the quality, safety and/or legality of any product. cgwlcms does not guarantee the identity of any client or ensure that the client will complete the transaction.
4.6
Merchant acknowledges and agrees that the actual contract for the sale of goods is made directly between Merchant and Customer and that CMS is not a party to such contract and disclaims any responsibility, duty or liability in connection with any such contract and any such contract. Disputes arising from any product are solely between the merchant and the relevant customer.
4.7
Merchants must process any refunds and/or claims resulting from transactions, including but not limited to chargebacks. cms may assist the Merchant in the refund and/or claims process, and the Merchant further agrees that cms may, at its sole discretion, refund the transaction funds to the Customer without the prior approval of the Merchant.
4.8
cms reserves the right to suspend specific transactions and/or customer accounts and/or merchant wallets and/or cgwlcmsFood services if cms deems that any of the following has occurred:
(a) cgwlcms deems it necessary or desirable to protect the security of Customer Accounts and/or Merchant Wallets and/or cgwlcmsFood Services;
(b) cgwlcms 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 cgwlcmsFood Services; 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 agreed products or business activities of the Merchant or that are deemed to be in violation of applicable laws;
(d) if the Merchant engages in prohibited activities under the Merchant SOP or any other policy of the cms or any applicable law; or
(e) other circumstances relevant to cms' compliance with any applicable laws.
4.9
cgwlcms may, at its sole discretion, provide periodic education to merchants regarding the development of the cgwlcmsFood Service, including any changes or additions to the facilities of the cgwlcmsFood Service.
4.10
cgwlcms reserves the right to deduct from the transaction funds the service fees to which cgwlcms is entitled and the donations (if any) for providing cgwlcmsFood services through the cgwlcmsFood platform.
4.11
If cgwlcms provides Merchant with any equipment in connection with the provision of cgwlcmsFood services ("Equipment"), including but not limited to Electronic Data Capture (EDC), Merchant agrees that it shall be responsible for such equipment and shall be obliged to keep it intact after the cgwlcmsFood service is terminated Return to cgwlcms losslessly. Further details regarding the use of the Equipment, technical and operational support and/or resolution of equipment-related issues may be provided by cgwlcms in the Merchant SOP and/or published by cgwlcms on the cgwlcms Platform, which will apply and bind both parties.
5. Obligations
1. Merchants shall register as merchants using the cgwlcmsFood Merchant Registration Form or any other means determined by cgwlcms. Merchants shall integrate the cgwlcmsFood service into the Merchant Outlet and operate in accordance with cgwlcms instructions and policies (as may be amended from time to time).
2. Merchants shall not allow any transactions for any products or items that are prohibited and restricted by applicable laws or cms policies.
3. Merchants shall retain records related to transactions for at least seven (7) years from the date the transaction occurred.
4. Merchants shall conduct business and operate merchant outlets in accordance with applicable laws, and ensure that their business activities are not prohibited by applicable laws.
5. Merchants shall maintain all relevant licenses and permits to conduct merchant business at all times, including any food safety laws and regulations. Merchants must notify cms immediately (not later than one (1) hour after receipt of the notification) if they become aware of any conduct in violation of their business or if relevant authorities discover that their business is in violation of any applicable law.
6. Merchant represents and warrants to CMS that: (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 that Merchant has not sent to or received from illegal sources. To the extent the Merchant becomes aware of any such transactions, the Merchant agrees to immediately notify cms to suspend any such transactions and/or customer accounts and/or merchant wallets; (b) the product-related information posted on the cgwlcmsFood platform complies with all legal requirements, includes all information related to the protection and welfare of customers and any laws and regulations related to the sale of food; (c) the information provided by Merchant to CMS is current and accurate and does not infringe the intellectual property rights of any third party; (d) provides products, prepared and sold to customers are of marketable quality and safe for consumption, stored, produced and prepared in compliance with and will comply with all relevant retail, restaurant and food safety regulations as well as those issued by cgwlcms and any applicable laws; (e) have current all licenses required by laws and regulations, and has no ongoing criminal, bankruptcy or tax proceedings or other pending penalties related to the business operations of the merchant; (f) without the prior written approval of cms and/or its affiliates, will not Solicit data and/or information from clients or other parties in any way on behalf of cms and/or its affiliates.
7. If any product goes bad, is defective, or causes food poisoning, allergies, or other consequences that affect any customer, the Merchant shall be fully responsible and/or legally responsible for such incidents and shall release and indemnify cms from any relationship with such any claim, damage or loss in connection with the matter.
8. Persons owned or controlled are currently the subject of any sanctions imposed or enforced by applicable government authorities in Malaysia (collectively, the "Sanctions") and are not located, organized or resident in a country currently subject to sanctions. Merchants shall not use cgwlcmsFood Services in any manner that would cause any party to violate sanctions. Neither the Merchant nor its subsidiaries and affiliates knowingly entered into any transaction or transaction with any person or party, or in any country, that was or was the subject of sanctions at the time of the transaction or transaction.
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 actions that may cause violations of such laws, including, but not limited to, directly or indirectly providing, providing or Promise, anything of value to any governmental authority or government official that would result in a violation of any such laws. Merchants and their affiliates shall operate in compliance with all material aspects of applicable laws pertaining to anti-money laundering and financial recordkeeping and reporting requirements at all times.
10. Merchants shall not: (a) decode or perform any reverse engineering on the system of cms or cms food platform; (b) perform any behavior that may cause damage and/or interruption to the system of cgwlcms or cgwlcmsFood platform; (c) execute Any action aimed at duplicating, duplicating and/or stealing information and/or data of cgwlcmsFood Services, cgwlcms and/or customers.
11. Merchant agrees to participate in cgwlcmsFood’s promotional and marketing activities, including co-sponsored activities (“events organized by cgwlcms (“Promotions”)”). If a Merchant wishes to opt out of participating in the promotion, the Merchant shall notify CMS's Customer Service of its intention and complete the opt-out form. Withdrawal requests shall be processed by cgwlcms within fourteen (14) days of receipt of the completed withdrawal form.
12. The Merchant shall be responsible for any and all identification, passwords, PINs (PIN) or any other code to keep it secret. Merchant is solely responsible for all activities that occur under its Merchant Wallet, even if such activity or use is not performed by the Merchant. cgwlcms shall not be liable for any loss or damage arising from the unauthorized use of Merchant Credentials or the Merchant's failure to comply with these Terms.
6. cgwlcmsFood joint funding activities
If the Merchant participates in the Campaign, the Merchant's contribution to the Campaign ("Contribution") shall be based on each net sale recorded in the cgwlcms system. cms shall notify the Merchant of its contribution share in the relevant campaign by email or any other means at the sole discretion of cms.
7. Fees and Taxes
1. As consideration for cgwlcmsFood services provided by cgwlcms, merchants shall pay cgwlcms a service fee (“Service Fee”) as stated in the cgwlcmsFood Merchant Registration Form. The service fee shall be charged on each net sale based on the successful transaction recorded in the cms system. The service fee does not include any service and sales tax (SST), and the merchant is responsible for any taxes charged by cgwlcms on the service fee.
2. The transaction fund settlement terms after deduction of service fees, contributions (if any) and/or other fees (if any) will be further specified in the Merchant SOP and will be changed at the sole discretion of cms.
3. Unless otherwise provided by applicable law, for some reason, unless otherwise provided by applicable law, the merchant hereby authorizes cgwlcms and/or its affiliates to initiate a debit or credit entry to the merchant's wallet at any time by notifying the merchant in writing , which includes the following: (a) correcting any errors in the processing of any transactions and/or instructions provided by the Merchant to CMS, including but not limited to double spending; (b) CMS determining that the Merchant is engaging in any fraudulent or suspicious activity and/or Transactions; (c) in connection with any rewards or rebates; (d) in connection with any uncollected fees or contributions (if any); (e) in connection with the resolution of any transaction disputes, including any compensation due to or from the Merchant; ( f) any other reason that cms may determine in the future in connection with any transaction.
4. cgwlcms may, in its sole discretion, revise service charges, contributions or any other applicable charges or include any additional charges at any time by notifying the Merchant in writing. 7. Taxes") and undertakes to pay all such taxes in a timely manner. If the merchant fails to pay the taxes and cms is required to pay such taxes and (if applicable) any related penalties, cms shall have the right to recover such payments by cms payment.
8. Intellectual property rights
1. cgwlcms and/or its licensors retain and shall retain their entire right, title and interest in and to all copyrights, trademarks and other intellectual property rights in and relating thereto, unless expressly granted to Merchant in the Agreement.
2. Merchant grants cgwlcms a worldwide, non-exclusive, royalty-free, non-transferable license to reproduce, use and display licensed to Merchant by or for the performance of this Agreement only during the term of this Agreement. Merchant hereby warrants and represents that it owns or has the right to use and sub-license any intellectual property rights it uses or licenses for cgwlcms.
3. Merchant represents and warrants that it owns or is the legal licensee of all intellectual property rights used hereunder, and that there is no infringement or violation of any third party's proprietary rights or intellectual property rights, and no other party will claim to own such same ownership of intellectual property rights.
4. All reports, specifications and other similar documents prepared or prepared in the course of this agreement, including documents, materials related to cgwlcmsFood services and any derivative of any intellectual property rights granted by either party shall be the absolute property of such agreement . Bring the party on throughout the prep and anytime after. For the avoidance of doubt, all intellectual property rights subsisting in the Reports, Specifications and other similar documents set forth in these Terms shall remain at all times the property of the parties concerned.
5. Each party warrants to the other party that it will not use any of the other party's trademarks in any marketing activities, including but not limited to promotional activities, without the prior written consent of the other party. Notwithstanding the above, cgwlcms reserves the right to promote cgwlcmsFood services and related promotions on all platforms in all media worldwide using the Trademark of the Merchant.
9. No Warranty
The cgwlcmsFOOD service is provided "as is" without representation or warranty of any kind, express, implied or statutory. cgwlcms and any of its subsidiaries and affiliates, officers, directors, agents, joint ventures, employees and suppliers expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. cgwlcms does not have any control over products paid for through the cgwlcmsFOOD service. cgwlcms does not guarantee continuous, uninterrupted or secure access to any part of the food service, and operations of the cgwlcms website may be temporarily suspended for maintenance or upgrades, or disrupted by a number of factors beyond the control of cgwlcms. cgwlcms will use reasonable efforts to ensure that cgwlcmsFOOD Services are processed in a timely manner, but cgwlcms makes no representations or warranties regarding the amount of time required to complete processing. 9.2 cgwlcms shall not be responsible for any of the following: (a) any suspension or refusal to accept payments that cgwlcms reasonably believes to be fraudulent or not properly authorized; (b) payment instructions received containing incorrect or malformed information;( c) the failure of the hardware, software, mobile device and/or internet connection to function properly due to, including without limitation, viruses, outages or other forms of system disruption (such as unauthorized access by third parties); (d) Clause 4.8 any circumstances specified. (a) any suspension or refusal to accept payments that cms reasonably believes to be fraudulent or not properly authorized; (b) payment instructions received that contain incorrect or malformed information; (c) hardware, software, mobile devices and and/or the internet connection is not functioning properly due to (including but not limited to) viruses, outages or other forms of system disruption (such as unauthorized access by third parties); (d) any of the circumstances set out in clause 4.8. (a) any suspension or refusal to accept payments that cms reasonably believes to be fraudulent or not properly authorized; (b) payment instructions received that contain incorrect or malformed information; (c) hardware, software, mobile devices and and/or the internet connection is not functioning properly due to (including but not limited to) viruses, outages or other forms of system disruption (such as unauthorized access by third parties); (d) any of the circumstances set out in clause 4.8. interruption or other form of system interruption, such as unauthorized access by a third party; (d) any of the circumstances set out in clause 4.8. interruption or other form of system interruption, such as unauthorized access by a third party; (d) any of the circumstances set out in clause 4.8.
10. Confidentiality and Personal Data
1. Each party shall keep confidential and shall not disclose to any person or directly or indirectly benefit itself or any other person (except in order to properly perform its obligations under this agreement), any disclosure by or on behalf of the disclosing party , provided or otherwise made available to the recipient Confidential Information. “Confidential Information Confidential and proprietary products or information, intellectual property rights, business plans, operations or systems, financial and trade conditions, details of customers, suppliers, debtors or creditors, relating to the disclosing party or any of its officers, directors or employees Affiliates, marketing communications, printed materials, rates and rate schedules, contracts, regardless of form, format, or medium, whether machine-readable or human-readable, including written, oral, or tangible, including through meetings , document, letter conveyed or obtained information or inspection of tangible items. This provision shall not apply to any confidential information disclosed, made available, or otherwise made available by the disclosing party, which is in the public domain and shall cease to apply to any subsequent publicly available information, except as a result of any breach by the recipient.
2. The Receiving Party may disclose Confidential Information to (a) its directors and employees if their duties would require them to have access to such Confidential Information, provided that the Receiving Party shall instruct such directors and employees to treat such Confidential Information as confidential, and shall not use such Confidential Information for any purpose other than the proper performance of their duties; (b) its external auditors, lawyers and professional advisors, the Recipient shall ensure that persons to whom such information is disclosed are contractually bound by this Clause and incorporate appropriate confidentiality provisions in their employment and other applicable contracts.
3. Both parties to this agreement shall comply with all applicable laws and their respective obligations as data users and data processors as required by the privacy policy related to any personal data related to this agreement available on the cms platform. For the purpose of this agreement, "3 The parties to this agreement shall comply with all applicable laws and their respective obligations as data users and data processors as required by the privacy policy in relation to any personal data related to this agreement available on the cms platform. For the purpose of this agreement, "3 The parties to this agreement shall comply with all applicable laws and their respective obligations as data users and data processors as required by the privacy policy related to any personal data related to this agreement on the cms platform. For the purpose of this agreement, "personal data" means personal data with the meaning assigned to it, which is controlled by the data user, and the data processor needs or is required to provide services for the performance of this agreement; "data processor" means personal data , means any person (other than an employee of the data user) who processes personal data solely on behalf of the data user and not for any personal purpose; and "data user" means any person who, alone or jointly or jointly with others, processes any personal data or controls or A person authorized to process any personal data excluding data processors.
4. The confidentiality obligations under this Clause 10 shall survive the termination of the Agreement and/or until the Confidential Information enters the public domain.
11. Force majeure
1. Both parties are exempted from all obligations and responsibilities for work delays caused by force majeure. "Force Majeure" means any unforeseeable, unavoidable event and/or exceptional circumstances beyond the reasonable control of the parties, including but not limited to epidemic or pandemic (Covid-19) epidemics), natural disasters, wars, rebellions, aggression, sabotage, mass riots, and the existence of government regulations in monetary affairs that directly affect the performance of agreements.
2. If any party is delayed or unable to perform its obligations under this Agreement due to a force majeure event, it shall notify the other party in writing as soon as possible after the force majeure event occurs.
12. Termination
12.1
Either party may terminate this Agreement immediately if: (a) the other party files for bankruptcy, becomes insolvent or enters into any arrangement or settlement or assignment for the benefit of its creditors, or appoints a receiver or administrator for that party or its business, or such party voluntarily (other than a reorganization or merger) or compulsorily liquidates; (b) in the event of a material breach of this Agreement by the other party, or if the non-breaching party believes that the breach can be cured and provides an opportunity to Remedy within 30 (thirty) days from the date of the Observing Party’s notification of such breach; (c) cgwlcms suspects any illegal, illegal and/or fraudulent conduct committed by the Merchant and/or the Merchant’s employees or agents; (d ) the other party’s violation or failure to comply with any applicable law that may adversely affect the non-violating party in any material respect, including any food safety or other regulations relating to restaurants and/or meals; (e) for any or no reason 30 (thirty) days advance written notice to the other party.
12.2
Termination of the cgwlcmsFood service shall not relieve or limit the obligations, responsibilities and liabilities of the Merchant or cgwlcms incurred prior to the termination. including any food safety or other regulations pertaining to restaurants and/or meals; (e) 30 (thirty) days prior written notice to the other party, for any or no reason.
13. Homework
13.1
Merchant may not assign any of its rights under this Agreement to anyone without the prior written consent of cms.
13.2
Merchants shall not allow others (other than customers) to use cms food services without the prior written consent of cms.
13.3
The provisions of this Agreement shall be binding on the parties and their respective successors and permitted assigns.
14. RELATIONSHIP OF PARTIES; DRIVER AS INDEPENDENT CONTRACTOR
14.1
Nothing in this agreement shall be construed as creating a partnership, joint venture or agency relationship between Merchant and CMS. Neither party has the authority to enter into any type of agreement on behalf of the other party.
14.2
The third-party agreement that the driver agrees to provide food delivery services to the customer is a separate agreement between the customer and the driver, and the driver is not an employee or agent of CMS. cgwlcms is just an intermediary between clients and drivers.
14.3
cgwlcms does not provide any transportation services and shall not be liable to any party for any act, omission, failure, lateness or refusal of the driver to provide transportation services.
14.4
cgwlcms does not and shall not guarantee the safety, reliability, compatibility or capability of Drivers during the performance of their obligations to deliver products from merchants to customers. Accordingly, Merchant hereby releases CMS harmless and releases CMS from any and all liability, claim, cause,
15. Compensation
Merchant shall indemnify cms, its affiliates, and their respective officers, directors, employees, agents, and third-party contractors ("Indemnified Parties") Any losses, liabilities, costs and expenses (including full reimbursement of any legal and professional fees) suffered or incurred for any claim in connection with any product, merchant using the cgwlcmsFood service or cgwlcmsFood platform and/or any breach of any provision of this Agreement , except as a result of the negligent, malicious or willful misconduct of cgwlcms.Notwithstanding anything else herein, the parties agree that neither party will be liable to the other for any loss of profits, goodwill, business opportunities and anticipated savings, or any indirect or consequential loss or damage suffered or incurred by either party.
16. Governing Law; Dispute Resolution
This agreement is governed by the laws of Malaysia. In the event of any dispute, controversy, claim or disagreement of any kind between the parties in connection herewith ("Notice of Dispute"), the parties shall, within thirty (30) days of receipt by either party, attempt to (1) notify the other party of the existence The party to the dispute first resolves the dispute through mutual discussions between the senior management of both parties. If the dispute cannot be resolved through mutual discussion within thirty (30) days, it shall be submitted to the Asian International Arbitration Center ("AIAC") for arbitration and final settlement") Pursuant to the AIAC Arbitration Rules then in force, which are deemed to be by reference and There will be one (1) arbitrator, to be appointed jointly by the parties. If the parties cannot agree on an arbitrator, the arbitration shall be appointed by the Director of AIAC in accordance with the AIAC Rules. The language of the arbitration shall be English. The place and place of the arbitration shall be Kuala Lumpur, Malaysia. The parties agree that Part Three of the Arbitration Act 2005 shall not apply to this agreement or to arbitration proceedings arising out of this agreement. This agreement and the rights and obligations of the parties shall remain in full force and effect until the award of any arbitration proceedings under this agreement ,
17. Notice
17.1
All notices under this agreement shall be delivered by hand delivery, registered mail by overnight courier or email to the following address: (a) If sent to cgwlcms: cgwlcms Mobile Malaysia Sdn. Bhd. Bhd. Level 25, Menara Southpoint, Mid Valley City, 59200, Kuala Lumpur, Malaysia. Email: legal.my@cgwlcms.com
Note: Group General Counsel (b) If to a Merchant, to the address listed in the Merchant Details or other method or means as determined through cgwlcms.
17.2
All notices hereunder shall be deemed duly given: (a) if delivered by hand, when left at the address required by this Section 17; (b) if sent by overnight courier, at the The second (2) business day after pickup; (c) if sent by email, on the day of dispatch, provided such email is sent by 5:00pm on a Malaysian business day; Sent after 5:00 or on a non-working day, it will be considered delivered on the next working day. In cases where a merchant sends notifications by email,
18. No waiver
A party's failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce this or any other provision of this Agreement. No waiver shall be construed as a continuing waiver.
19. Severability
If any part of this agreement is invalid, illegal or unenforceable, that part shall be severed from the remainder of this agreement, which shall continue to be valid and enforceable to the fullest extent permitted by applicable law.
20. Entire agreement
This agreement (including all attachments and other documents referred to herein, including but not limited to Merchant SOP and cgwlcms standard operating procedures for providing cgwlcmsFood services) represents the entire agreement between the parties with respect to its subject matter, by which the parties shall be bound. All content not stipulated in this agreement shall be stipulated in the Merchant SOP or any other document published by cms on the cms platform. The Merchant SOP is an integral part of this Agreement and by agreeing to this Agreement, the Merchant agrees to abide by the Merchant SOP. In the event of any discrepancy between any term of this Agreement and any term of the cgwlcms platform or cgwlcmsFood platform regarding the merchant’s SOP that provides cgwlcmsFood services, the provisions of the merchant’s SOP shall prevail. Last Updated: October 11, 2021.
Contact Info
- Address: 5 Science Park Dr, Singapore 118265
- Phone: +1 3476748077
- Email: janetowens1973@gmail.com
