Seller Policy Pages

1. Definitions and Interpretation

1.1 The following terms when used in the Agreement (including these General Terms and Conditions) or any document referred to herein shall have the following meaning, unless otherwise specifically defined herein or therein:

“Applicable Law” means any applicable law, statute, regulation, order, judgement, or guideline passed or issued by parliament, government or any competent court or authority in Malaysia existing at this time or in the future;

“Customer Account” means the Customer’s registered account(s) on the KwanShing  Limited Platform;

“Effective Date” means the date of which KwanShing  Limited approves the KwanShing  Limited Merchant Registration Form submitted by the Merchant;

“Merchant Particulars” means the Merchant’s details set out in the Agreement;

“Merchant SOP” means Standard Operating Procedures for Use of KwanShing  Limited Services for Merchants, as can be amended from time to time at the sole discretion of KwanShing  Limited with or without any notification;

“Merchant Wallet” means the Merchant’s funds account(s) held with KwanShing  Limited to hold Transaction Funds;

“Net Sales” means the total price of the Products in the Transaction excluding any taxes (including but not limited to any sale and services tax): (a) after the deduction of any discounts from the Merchant on the KwanShing  Limited Platform; and (b) excluding, Merchant’s service charge, Merchant’s surcharge, and other fees (if any and as applicable) as recorded on KwanShing  Limited ’s or its affiliates’ system;

“Order” means the order of the Products made by the Customers on the KwanShing  Limited Platform;

“Parties” means, collectively, KwanShing  Limited and the Merchant and “Party” means either one of them;

“Service Fee” has the meaning ascribed to in Clause 7.1 of this General Terms and Conditions;

“xmallgoods Platform” means e-commerce platform through mobile application or website (www.xmallgoods.com) operated by KwanShing  Limited; “KwanShing  Limited Services” means a food order and delivery platform services where Merchant is able to sell its Products and the Customers can order the Products, through KwanShing  Limited Platform, where the delivery may be conducted by the Drivers or any other method as determined by KwanShing  Limited ;

“Transaction” means any transaction by the Customers of ordering and payment of Products from Merchant through KwanShing  Limited Platform; and

“Transaction Funds” means the total amount paid by the Customers for a Transaction through the KwanShing  Limited Services on the KwanShing  Limited 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 regulations made in pursuance thereof as from time to time modified or re-enacted, whether before or after the date of the Agreement and shall include also any past statutory provision or regulation (as from time to time modified or re-enacted) which such provision or regulation has directly or indirectly replaced;

(b) a reference to “written” or “in writing” includes any means of visible reproduction;

(c) a reference to “including” shall be interpreted to mean “including, without limitation”;

(d) a reference to a “Clause” or “Schedule” is to a clause of, or a schedule to, these General Terms and Conditions (unless the context otherwise requires); and

(e) unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female 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.

The Agreement, to which these General Terms and Conditions are attached, contains the terms for the provision of the KwanShing  Limited Services (which may be amended from time to time).