Seller Policy Pages

1. Definitions and Explanations

1.1 The following terms used in this Agreement (including these General Terms and Conditions) or any document referenced in this Agreement shall have the following meanings, unless otherwise expressly defined in this Agreement or therein: “Agreement” means the form attached to these General Terms and Conditions for lxlxshop Merchant Registration, including any schedules, appendices or other attachments to any of the foregoing, including all modifications, supplements and changes thereof; “Applicable Law” means any applicable law, regulation, rule, order, judgment or guideline adopted or issued by Parliament, Government or any competent court or authority in Singapore, which exists now or in the future; “Business Day” means any day other than Saturdays, Sundays or public holidays in Singapore; “Contribution” has the meaning given to it by Article 6 of these General Terms and Conditions; “Customer Account” means the customer’s registered account on the CMS platform; “Driver” means the party that delivers the products ordered by the customer through the lxlxshop platform; “Effective Date” means the date on which lxlxshop approves the lxlxshop Merchant Registration Form submitted by the merchant; “Merchant Outlet” means owned, managed and registered by the merchant to enable lxlxshop. The restaurants or business premises served may be modified and added from time to time in accordance with the agreement between the parties; “Merchant Information” refers to the merchant details as specified in the agreement; “Merchant SOP” refers to the standard operating procedures for merchants using the lxlxshop service, which lxlxshop may modify from time to time at its sole discretion, with or without notice; “Merchant Wallet” refers to the funds account held by the merchant in the CMS for holding transaction funds; “Net Sales” refers to 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 lxlxshop platform; (b) excluding merchant service fees, merchant surcharges and other charges (if any and applicable) recorded in the lxlxshop or its affiliates' systems; “Order” refers to a product order placed by a customer on the lxlxshop platform; “Parties” refers to the CMS and the merchant collectively, and “a party” refers to any one of them; “Products” refers to food and/or beverages sold by the merchant through the lxlxshop platform; “Service Fee” has the meaning given to it by Clause 7.1 of these General Terms and Conditions; "lxlxshop Platform" refers to the e-commerce platform of the mobile application or website (www.lxlxshop.com.my) operated by lxlxshop; "lxlxshop Platform" refers to the food ordering and delivery platform operated by lxlxshop on the lxlxshop platform for providing lxlxshop services; "lxlxshop Services" refers to the food ordering and delivery platform service through which merchants can sell their products and customers can order products through the lxlxshop platform, where delivery may be made by a driver or any other means determined by lxlxshop; "Transaction" refers to any transaction in which a customer orders and pays for products from a merchant through the lxlxshop platform; and "Transaction Funds" refers to the total amount paid by a customer for transactions conducted through lxlxshop services on the lxlxshop platform. 1.2 In this Agreement (including these General Terms and Conditions): (a) references to statutory provisions shall include that provision and any statutes made pursuant to it, whether before or after that date, which amend or reformulate the provisions of this Agreement from time to time, and shall also include any past statutory provisions or statutes that are directly or indirectly superseded by that provision or statute (as amended or reformulated from time to time); (b) references to “written” or “in writing” shall include any visible form of reproduction; (c) references to “including” shall be construed as “including, but not limited to”; (d) references to “terms” or “schedules” shall refer to the following terms or schedules: these General Terms and Conditions (unless the context requires otherwise); (e) unless the context requires otherwise, words indicating the singular shall include the plural, and vice versa, and words indicating a particular gender shall include the other gender (male, female, or gender-neutral). 1.3 Headings in this Agreement (including these General Terms and Conditions) are inserted for convenience only and shall not affect the structure of this Agreement.

2. Scope

The agreement attached to these general terms and conditions contains the terms for providing the lxlxshop service (which may be amended from time to time).

3. Deadline

This Agreement shall remain in full force and effect for one (a) year from the date of its effectiveness and shall be automatically renewed for another (a) year unless either party gives written notice to the other party at least thirty (a) years prior. 30) A few days prior to the expiry of any term.

4. lxlxshop Service Description

4.1 The Merchant acknowledges and agrees that the lxlxshop services provided by lxlxshop are limited to (a) referring customers to the Merchant; (b) acting as an intermediary between the Merchant and the Customer, accepting orders and receiving payments from customers on behalf of the Merchant; and (c) acting as an intermediary between the Merchant and the Customer, including relaying orders and making payments from customers to the Merchant. lxlxshop may, at its sole discretion, change or suspend the lxlxshop services without prior notice.

4.2 lxlxshop shall display the range of products offered by merchants on the lxlxshop platform, provided that the range has been communicated to lxlxshop and conforms to the standards that lxlxshop has individually determined and communicated to merchants.

4.3 Merchants shall provide lxlxshop with all information required by lxlxshop to display products on the lxlxshop platform, including menus, products, product availability at any merchant outlet, opening hours and location of the merchant outlet, logo, images, prices and company identification as required by lxlxshop (“Required Information”). For the avoidance of doubt, if a merchant fails to provide lxlxshop with the Required Information, lxlxshop has the right to use any information available to lxlxshop, including any images related to products on the lxlxshop platform. Any changes to such information must be notified to lxlxshop by the merchant no later than seven (7) business days before the changes take effect.

4.4 Merchants should continuously verify the information published by the CMS. If there are any errors or inaccuracies, they should notify the CMS immediately (within 1 hour of discovering the error or inaccuracy). For the avoidance of doubt, the merchant's menu, products, logos, images, prices, company identity, and other relevant information may be available on the lxlxshop platform and other media (including but not limited to Twitter, Facebook, and Google AdWords campaigns).

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

4.6 The Merchant acknowledges and agrees that the actual contract for the sale of goods is directly entered into between the Merchant and the Customer. CMS is not a party to such contract and assumes no responsibility, obligation, or liability in connection with any such contract or any related matters. Any disputes arising from any product are solely between the Merchant and the relevant Customer.

4.7 Merchants must handle any refunds and/or claims arising from transactions, including but not limited to order cancellations. CMS may assist merchants with refund and/or claim procedures, and merchants further agree that CMS may, at its sole discretion, refund transaction funds to customers without the merchant's prior approval.

4.8 If the CMS deems any of the following to be true, the CMS reserves the right to suspend specific transactions and/or customer accounts and/or merchant wallets and/or lxlxshop services:

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

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

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

(d) If the merchant engages in any activity prohibited by the merchant's SOP or CMS policies or any applicable law; or

(e) Other circumstances relating to CMS's compliance with any applicable laws.

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

4.10 lxlxshop reserves the right to deduct from transaction funds any service fees that lxlxshop is entitled to and any donations (if any) made through the lxlxshop platform to provide lxlxshop services.

4.11 If lxlxshop provides a merchant with any equipment related to the provision of lxlxshop services (“Equipment”), including but not limited to Electronic Data Capture (EDC), the merchant agrees to be responsible for such Equipment and is obligated to return it to lxlxshop in good condition upon termination of lxlxshop services. Further details regarding the use of Equipment, technical and operational support, and/or resolution of Equipment-related issues may be provided by lxlxshop in its Merchant SOPs and/or published by lxlxshop on the lxlxshop platform, which will apply to and bind both parties.

5. Obligations

5.1 Merchants shall register as merchants using the lxlxshop Merchant Registration Form or any other method determined by lxlxshop. Merchants shall integrate lxlxshop services into the Merchant Outlet and operate in accordance with lxlxshop’s instructions and policies (which may be amended from time to time). 5.2 Merchants shall not permit any transactions involving any products or items prohibited or restricted by applicable law or CMS policies. 5.3 Merchants shall retain records relating to transactions for at least seven (7) years from the date the transaction occurred. 5.4 Merchants shall conduct business and operate the Merchant Outlet in accordance with applicable law and ensure that their business activities are not prohibited by applicable law. 5.5 Merchants shall always hold all relevant licenses and permits for conducting their business, including any food safety laws and regulations. If a merchant becomes aware of any breach of its business or if relevant authorities discover that its business is in violation of any applicable law, the merchant must immediately notify the CMS (within one (1) hour of receiving the notification). 5.6 The merchant represents to the CMS and warrants that: (a) to the best of its knowledge, it has not received any funds in connection with any illegal, fraudulent, deceptive or manipulative conduct or practice, and that the merchant has not paid to or received funds from any illegal source. To the extent that the merchant becomes aware of any such transaction, the merchant agrees to immediately notify CMS to suspend any such transaction and/or customer accounts and/or merchant wallets; (b) Product-related information published on the lxlxshop platform complies with all legal requirements, including all information related to customer protection and welfare and any laws and regulations related to food sales; (c) The information provided by the merchant to CMS is up-to-date and accurate and does not infringe on the intellectual property rights of any third party; (d) The products provided, prepared and sold to customers are of marketable quality and consumer safety, and their storage, production and preparation comply with and will comply with all applicable retail, restaurant and food safety regulations and by lxlxshop and any applicable laws; (e) The merchant possesses all licenses required by current laws and regulations and is not involved in any ongoing criminal, bankruptcy or tax proceedings or other pending penalties related to the merchant's business operations; (f) The merchant will not solicit data and/or information from customers or other parties in any way without the prior written approval of CMS and/or its affiliates. 5.7 If any product becomes spoiled, defective, or causes food poisoning, allergies, or other consequences affecting any customer, the merchant shall bear full responsibility and/or legal liability for such events and shall release and indemnify CMS from and against any claims, damages, or losses relating to such matters. 5.9 The Merchant agrees that it and its affiliates shall conduct business in accordance with applicable laws relating to anti-corruption laws and shall not, directly or indirectly, engage in any conduct that could lead to a breach of such laws, including, but not limited to, directly or indirectly providing, offering, or promising anything of value to any government authority or government official that could lead to a breach of any such laws. The Merchant and its affiliates shall not, at any time, use lxlxshop services in any manner that would cause any party to violate the sanctions. 5.10 The Merchant shall not: (a) decode or reverse engineer the systems of the CMS or CMS food platform; or (b) perform any actions that could lead to a breach of the sanctions. (c) Actions that cause damage and/or disruption to the platform's systems; (d) Performing any act intended to copy, reproduce, and/or steal information and/or data of lxlxshop Services, lxlxshop, and/or customers. 5.11 Merchants agree to participate in lxlxshop's promotional and marketing activities, including co-sponsored activities ("Activities Organized by lxlxshop" ("Promotional Activities")). If a merchant wishes to withdraw from participation in a Promotional Activity, the merchant shall notify the CMS's customer service of its intention and complete an opt-out form. lxlxshop shall process the withdrawal request within fourteen (14) days of receiving the completed opt-out form. 5.12 Merchants shall be responsible for the confidentiality of any and all credentials, passwords, personal identification numbers (PINs), or any other codes used to access the Merchant Wallet. Merchants shall be solely responsible for all activities occurring under their Merchant Wallet, even if such activities or uses are not carried out by the merchant. lxlxshop shall not be liable for any loss or damage caused by unauthorized use of Merchant credentials or by the merchant's failure to comply with these Terms.

6. lxlxshop Joint Sponsorship Activities

If a merchant participates in the campaign, their contribution to the campaign (“Contribution”) shall be based on each net sales transaction recorded in the lxlxshop system. The CMS shall notify the merchant of their share of contribution in the relevant campaign via email or any other means at its sole discretion.

7. Fees and taxes

7.1 As consideration for the lxlxshop services provided by lxlxshop, the merchant shall pay lxlxshop a service fee (“Service Fee”) as described in the lxlxshop Merchant Registration. The Service Fee shall be charged on each net sales amount based on successful transactions recorded in the CMS system. The Service Fee excludes any service and sales tax (SST), and the merchant shall be responsible for any taxes collected by lxlxshop in connection with the Service Fee. 7.2 The terms of transaction fund settlement after deducting service fees, contributions (if any) and/or other fees (if any) will be further specified in the Merchant SOP and are subject to change at the sole discretion of CMS. 7.3 Unless otherwise provided by applicable law, for certain reasons, unless otherwise provided by applicable law, the Merchant hereby authorizes lxlxshop and/or its affiliates to initiate debit or credit entries to the Merchant Wallet at any time by written notice to the Merchant, including but not limited to: (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 payment; (b) when CMS determines that the Merchant is engaged in any fraudulent or suspicious activity and/or transaction; (c) relating to any rewards or rebates; (d) relating to any uncollected fees or donations (if any); (e) relating to the resolution of any transaction disputes, including any compensation arising from or derived from the Merchant; (f) any other reason that CMS may determine in the future to be related to any transaction. 7.4 lxlxshop may, at its sole discretion, modify service fees, contributions or any other applicable fees, or include any additional fees by written notice to the Merchant at any time. 7. Taxes” and promises to pay all such taxes in a timely manner. If the merchant fails to pay taxes, and the CMS is required to pay such taxes and (if applicable) any related penalties, the CMS has the right to recover such payments made by the CMS.

8. Intellectual Property

8.1 lxlxshop and/or its licensors retain and shall retain all rights, title, and interest in all copyrights, trademarks, and other intellectual property rights contained herein and in connection with this Agreement, unless expressly granted to the Merchant in this Agreement. 8.2 The Merchant grants lxlxshop a worldwide, non-exclusive, royalty-free, and non-transferable license, solely for the duration of this Agreement, to reproduce, use, and display any intellectual property rights licensed to the Merchant by or for the performance of this Agreement. The Merchant hereby warrants and represents that it owns or has the right to use and sublicense any intellectual property rights it may use or that may be available to lxlxshop. 8.3 The Merchant represents and warrants that it is the legal licensee of all intellectual property rights it owns or uses under this Agreement, that there is no infringement or violation of any third party's title or intellectual property rights, and that no other party claims the same title to such intellectual property rights. 8.4 All reports, specifications, and other similar documents prepared or compiled in the course of this Agreement, including documents and materials relating to the lxlxshop Services and any derivative thereof, shall be the absolute property of such Agreement. The Merchant shall participate in the preparation process and at any time thereafter. For the avoidance of doubt, all intellectual property rights, specifications, and other similar documents present in this report shall always remain the property of the relevant party. 8.5 Each party warrants to the other that it will not use any of the other party's trademarks in any marketing activity, including but not limited to promotional activities, without the other party's prior written consent. Notwithstanding the foregoing, lxlxshop has the right to use the merchant's trademarks to promote lxlxshop services and related promotional activities on all platforms and media worldwide.

9. No warranty

9.1 The lxlxshop service is provided “as is” without any express, implied, or statutory representations or warranties. lxlxshop 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. lxlxshop has no control over the products paid for through the lxlxshop service. lxlxshop does not guarantee continuous, uninterrupted, or secure access to any part of the food service, and the operation of the lxlxshop website may be temporarily suspended for maintenance or upgrades, or interfered with by many factors beyond lxlxshop’s control. lxlxshop will use reasonable efforts to ensure timely processing of lxlxshop services, but lxlxshop makes no representations or warranties regarding the amount of time required to complete processing. 9.2 lxlxshop shall not be liable for any of the following: (a) any suspension or refusal of payment that lxlxshop reasonably deems fraudulent or unauthorized; (b) payment instructions received containing incorrect or malformed information; (c) malfunction of hardware, software, mobile devices, and/or internet connections due to (including but not limited to) viruses, interruptions, or other forms of system disruption (such as unauthorized access by a third party); (d) any of the circumstances specified in Section 4.8. (a) Any suspension or refusal of payments that the CMS reasonably deems fraudulent or unauthorized; (b) Payment instructions received containing incorrect or malformed information; (c) Malfunction of hardware, software, mobile devices, and/or internet connections due to (including but not limited to) viruses, interruptions, or other forms of system disruption (such as unauthorized access by a third party); (d) Any of the circumstances specified in Section 4.8.

10. Confidentiality and Personal Data

10.1 Each party shall keep confidential all confidential information disclosed, provided or otherwise made available to the receiving party by the disclosing party or on its behalf, for its own or any other person’s benefit (except for proper performance of its obligations under this Agreement). "Confidential Information: Confidential and proprietary products or information, intellectual property, business plans, operations or systems, financial and trading conditions, details of customers, suppliers, debtors or creditors, information relating to the disclosing party or any of its officers, directors or employees, affiliates, marketing information, printed materials, rates and rate tables, contracts, regardless of their form, format or medium, whether machine-readable or human-readable, including written, oral or tangible form, including information conveyed or obtained through meetings, documents, letters or examination of tangible items. This clause does not apply to any confidential information disclosed, provided or otherwise made available by the disclosing party that is in the public domain and shall cease to apply to any information subsequently made publicly available, except as a result of any breach by the receiving party. 10.2 The receiving party may disclose confidential information to (a) its directors and employees, provided that their duties would require them to access such confidential information, but the receiving party shall instruct such directors and employees to treat such confidential information as confidential and not to use such confidential information for any purpose other than the proper performance of their duties; (b)" The receiving party shall ensure that its external auditors, lawyers, and professional advisors are contractually bound by the provisions of this Agreement and that appropriate confidentiality provisions are included in their employment and other applicable contracts. 10.3 Both parties to this Agreement shall comply with their respective obligations as data users and data processors as required by all applicable laws and privacy policies relating to any personal data available on the CMS platform related to this Agreement. For the purposes of this Agreement, "3. Both parties to this Agreement shall comply with their respective obligations as data users and data processors as required by all applicable laws and privacy policies relating to any personal data available on the CMS platform related to this Agreement." For the purposes of this Agreement, “3. The parties to this Agreement shall comply with their respective obligations as data users and data processors as required by all applicable laws and privacy policies relating to any personal data available on the CMS platform in connection with this Agreement. For the purposes of this Agreement, “personal data” means personal data with the given meaning, controlled by the data user, and for which the data processor is required or required to provide services for the performance of this Agreement; “data processor” means, for the purposes of personal data, any person (excluding the data user’s employees) who processes personal data solely on behalf of the data user and not for any personal purpose; and “data user” means any person who processes any personal data alone or jointly or with others, or who controls or authorizes the processing of any personal data, excluding the data processor. 10.4 The confidentiality obligations under this Section 10 shall remain in effect after the termination of this Agreement and/or before the confidential information enters the public domain.

11. Force Majeure

11.1 Both parties shall be released from all obligations and liabilities arising from force majeure. “Force majeure” means any unforeseen and unavoidable event and/or special circumstances beyond the reasonable control of either party, including but not limited to epidemics or pandemics (excluding the COVID-19 pandemic), natural disasters, war, rebellion, aggression, sabotage, public unrest, and the existence of government regulations in monetary matters that directly affect the performance of this Agreement. 11.2 If either 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 occurrence of the force majeure event.

12. Termination

12.1 Each party may terminate this Agreement immediately if: (a) the other party files for bankruptcy, becomes insolvent, or makes any arrangement, settlement, or assignment in the interests of its creditors, or appoints a receiver or administrator for that party or its business, or the party voluntarily (other than through reorganization or merger) or compulsorily liquidates; (b) the other party commits a material breach of this Agreement, or if the non-breaching party considers such breach remediable and provides an opportunity for remedy, but such breach is not remedied within 30 (thirty) days from the date the non-breaching party notifies the other party of such breach; (c) lxlxshop suspects any illegal conduct, illegal and/or fraudulent conduct committed by the merchant and/or its employees or agents; (d) the other party breaches or fails to comply with any applicable law that may adversely affect the non-breaching party in any material respect, including any food safety or other regulations relating to restaurants and/or catering; or (e) the other party is given 30 (thirty) days' written notice, for any reason or no reason. 12.2 The termination of lxlxshop services shall not release or limit the obligations, responsibilities, and liabilities of the Merchant or lxlxshop that arise prior to the termination. This includes any food safety or other regulations relating to restaurants and/or catering; (e) giving the other party 30 (thirty) days' written notice, whether for any reason or no reason.

13. Homework

13.1 Without CMS's prior written consent, the Merchant shall not assign any of its rights under this Agreement to any person. 13.2 Without CMS's prior written consent, the Merchant shall not allow any other person (excluding the customer) to use CMS food services. 13.3 The provisions of this Agreement shall be binding on both parties and their respective successors and permitted assigns. 14. Relationship of the Parties; Driver as Independent Contractor 14.1 Nothing in this Agreement shall be construed as establishing a partnership, joint venture, or agency relationship between the Merchant and CMS. Neither party has the authority to enter into any type of agreement on behalf of the other. 14.2 The third-party agreement by the driver to provide food delivery services to the customer is a separate agreement between the customer and the driver. The driver is not an employee or agent of CMS. lxlxshop is merely an intermediary between the customer and the driver. 14.3 lxlxshop does not provide any transportation services and shall not be liable to either party for any actions, negligence, failure, lateness, or refusal to provide transportation services by the driver. 14.4 lxlxshop does not and should not guarantee the safety, reliability, compatibility, or ability of its drivers during the performance of their obligations to deliver products from the merchant to the customer. Therefore, the merchant hereby indemnifies and releases CMS from all and all liabilities, claims, causes, and damages.

15. Compensation

The Merchant shall indemnify and hold harmless CMS, its affiliates and their respective officers, directors, employees, agents and third-party contractors (“Indemnified Party”) from and against any loss, liability, cost and expense (including full reimbursement of any legal and professional fees) suffered or incurred by the Indemnified Party as a result of any claim made or threatened by any third party, relating to any product, merchant using the lxlxshop service or lxlxshop platform and/or any breach of any provision of this Agreement, except as caused by the negligence, malice or willful misconduct of lxlxshop. Notwithstanding any other provision herein, the parties agree that neither party shall 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 arising out of either party.

16. Applicable Law; Dispute Resolution

This Agreement shall be governed by the laws of Malaysia. In the event of any dispute, controversy, claim or disagreement of any kind (“Dispute Notification”) arising between the parties, the parties shall, within thirty (30) days of receiving such notification from one party, attempt (1) to resolve the dispute first through mutual discussion between the senior management of the parties. If the dispute cannot be resolved through mutual discussion within thirty (30) days, it shall be submitted to the Asian International Arbitration Centre (“AIAC”) for arbitration and final settlement in accordance with the AIAC Arbitration Rules in force at the time, which are deemed to be incorporated herein by reference. There shall be one (1) arbitrator, jointly appointed 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 arbitration shall be English. The place and venue of arbitration shall be Kuala Lumpur, Malaysia. The parties agree that Part III of the Arbitration Act 2005 shall not apply to this Agreement or any arbitration proceedings arising out of or relating to this Agreement. Prior to the award of any arbitration proceedings conducted under this Agreement, this Agreement and the rights and obligations of the parties shall remain in full force and effect.

17. Notice

17.1 All notices under this Agreement shall be sent by personal delivery, registered mail via overnight courier, or email to the following address: (a) If sent to lxlxshop: lxlxshop Mobile Malaysia Sdn. Bhd. Bhd. Level 25, Menara Southpoint, Mid Valley City, 59200, Kuala Lumpur, Malaysia. Email:   legal.my@lxlxshop.com  

Note: Group General Counsel (b) If sent to a Merchant, send to the address listed in the Merchant details or by other means or methods determined by lxlxshop. 17.2 All notices under this Agreement shall be deemed to have been duly served: (a) if delivered by personal delivery, when left at the address required in this Section 17; (b) if sent by overnight courier, on the second (2) business day after the courier is picked up; (c) if sent by email, on the day of sending, provided that such email is sent before 5:00 p.m. on a business day in Malaysia; if sent after 5:00 p.m. on a business day or on a non-business day, it shall be deemed to have been served on the next business day. In the case of a Merchant sending a notice by email,

18. Do not abstain

Failure by either party to perform any provision of this Agreement shall not be construed as a waiver of such provision or the right to perform the Agreement or any other provision. No waiver shall be construed as a continuing waiver.

19. Divisibility

If any part of this Agreement is invalid, illegal or unenforceable, such part shall be severable from the remainder of this Agreement, which shall remain in full force and effect and enforceable to the fullest extent permitted by applicable law.

20. Full Agreement   

This Agreement (including all annexes and other documents mentioned herein, including but not limited to the Merchant SOP and the Standard Operating Procedures for lxlxshop's provision of lxlxshop services) represents the entire agreement between the parties concerning their subject matter, and the parties shall be bound by it. Everything not covered in this Agreement shall be specified in the Merchant SOP or any other document published by the 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 comply with the Merchant SOP. In the event of any discrepancy between any provision of this Agreement and any provision of the lxlxshop platform or the Merchant SOP on the lxlxshop platform regarding the provision of lxlxshop services, the Merchant SOP shall prevail. Last Updated: October 11, 2021