卖家政策

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 AbabamartFood Merchant Registration These General Terms 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 AbabamartFood platform; "Effective Date" refers to the Ababamart approved merchant The date of submission of the AbabamartFood Merchant Registration Form; "Merchant Outlet" means the restaurant or business location owned, managed and registered by the Merchant to enable the AbabamartFood Service, which may be modified and added from time to time in accordance with the agreement between the parties; "Merchant Profile" means the Agreement Merchant details specified in; "Merchant SOP" refers to the standard operating procedures for merchants to use AbabamartFood services, which Ababamart may modify from time to time at its 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 AbabamartFood platform; (b) Excludes merchant service fees, merchant surcharges and other fees (if any and applicable) recorded in the Ababamart or its affiliate systems; "Order" refers to the product order made by the customer on the AbabamartFood 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 AbabamartFood platform; "Service Fee" has the meaning given in Article 7.1 of these General Terms and Conditions; " "Ababamart Platform" refers to the e-commerce platform of the mobile application or website (www.Ababamart.com.my) operated by Ababamart; "AbabamartFood Platform" refers to the food ordering and delivery platform operated by Ababamart on the Ababamart platform to provide AbabamartFood services; " "AbabamartFood Service" means the food ordering and delivery platform service through which merchants can sell their products and customers can order products through the AbabamartFood platform, where delivery can be made by a driver or any other method determined by Ababamart; "Transaction" means a customer's request to a merchant through the AbabamartFood platform Any transaction for ordering and paying for products; and "Transaction Funds" means the total amount paid by the customer for transactions conducted through the AbabamartFood service on the AbabamartFood 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 for the provision of AbabamartFood Services (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. AbabamartFood Service Description

4.1 The merchant acknowledges and agrees that the AbabamartFood service provided by Ababamart 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; (c) acting as a customer and merchant The middleman between communicating orders and making payments from customers to merchants. Ababamart may, in its sole discretion, make changes to the AbabamartFood Service or suspend the AbabamartFood Service without prior notice.

4.2 Ababamart shall display the range of products offered by the Merchant on the AbabamartFood Platform, provided that such range has been communicated to Ababamart and meets the criteria separately determined by Ababamart and communicated to the Merchant.

4.3 Merchant shall provide Ababamart with all information required by Ababamart to display products on the AbabamartFood platform, including menus, products, product availability at any Merchant Outlet, Merchant Outlet opening hours and location, logos, images, Prices and company logos as required by Ababamart ("Required Information"). For the avoidance of doubt, if Merchant fails to provide Ababamart with the necessary information, Ababamart shall have the right to use any information available to Ababamart, including any images related to the Products on the AbabamartFood Platform. Any changes to such information must be notified to Ababamart 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 AbabamartFood 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. Ababamart makes no representations or warranties and does not guarantee the quality, safety and/or legality of any product. Ababamart 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 AbabamartFood services if CMS believes that any of the following situations have occurred:

(a) Ababamart deems it necessary or desirable to protect the security of Customer Accounts and/or Merchant Wallets and/or AbabamartFood Services;

(b) Ababamart 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 AbabamartFood 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 Ababamart may, in its sole discretion, provide periodic education to Merchant regarding the development of the AbabamartFood Service, including any changes or additions to the AbabamartFood Service facilities.

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

4.11 If Ababamart provides the Merchant with any equipment related to the provision of AbabamartFood 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 AbabamartFood service is terminated. Return to Ababamart 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 Ababamart in the Merchant SOP and/or published by Ababamart on the Ababamart Platform, which will apply to and be binding on the parties.

5. Obligations

5.1 Merchant shall register as a Merchant using the AbabamartFood Merchant Registration Form or any other method determined by Ababamart. Merchant shall integrate AbabamartFood Services into Merchant Outlet and operate in accordance with Ababamart’ 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 published on the AbabamartFood 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 The products, 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 the Ababamart and any applicable laws; (e) possess the information currently in force 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 in connection with. 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 AbabamartFood 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 Ababamart or AbabamartFood Platform acts; (c) perform any act aimed at copying, duplicating and/or stealing information and/or data of AbabamartFood Services, Ababamart and/or customers. 5.11 Merchant agrees to participate in AbabamartFood’s promotional and marketing activities, including joint funding activities ( "Events organized by Ababamart ("Promotions")"). If the Merchant wishes to withdraw from participation in the Promotion, the Merchant shall notify cms' customer service of its intention and complete the opt-out form. Ababamart shall within fourteen days of receipt of the completed opt-out form (14) days to process withdrawal requests. 5.12 Merchant shall be responsible for maintaining the confidentiality of any and all identification, passwords, personal identification numbers (PINs) or any other codes used to access the Merchant Wallet. Merchant shall be fully responsible for all activities that occur under its Merchant Wallet liability, even if such activity or use is not by Merchant. Ababamart is not responsible for any loss or damage resulting from the unauthorized use of Merchant Credentials or Merchant's failure to comply with these Terms.

6. AbabamartFood joint funding activities

If Merchant participates in the Campaign, Merchant's contribution to the Campaign ("Contribution") shall be based on each net sales recorded in the Ababamart system. CMS shall notify the Merchant of its share of contribution in the relevant activities via email or any other method at CMS’ sole discretion.

7. Fees and taxes

7.1 As consideration for the AbabamartFood services provided by Ababamart, Merchant shall pay Ababamart a service fee (the “Service Fee”) as set forth in the AbabamartFood Merchant Registration Form. Service fees shall be charged on each net sale based on successful transactions recorded in the CMS system. Service Fees are exclusive of any service and sales tax (SST), and Merchant shall be responsible for any taxes charged by Ababamart on Service Fees. 7.2 The settlement terms of transaction funds after deducting service fees, contributions (if any) and/or other charges (if any) will be further stipulated in the merchant SOP and will be changed at the sole discretion of cms. 7.3 Unless otherwise provided by applicable law, based on For certain reasons, unless otherwise provided by applicable law, Merchant hereby authorizes Ababamart and/or its affiliates to initiate a debit or credit entry to Merchant Wallet at any time upon written notice to Merchant, including the following: (a) Correction Any errors in the processing of any transactions and/or instructions provided by the merchant to cms, including but not limited to double payments; (b) cms determines that the merchant has engaged in any fraudulent or suspicious activities and/or transactions; (c) in connection with any rewards or rebates related; (d) related to any uncollected fees or contributions (if any); (e) related to the resolution of any transaction disputes, including any compensation due to or from the merchant; (f) related to any transaction determined by cms in the future any other reason. 7.4 Ababamart may, in its sole discretion, amend the service fees, 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 promptly pay all such taxes. 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 amounts paid by CMS payment.

8. Intellectual property rights

8.1 Ababamart 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 therein and related thereto, except as expressly granted to Merchant in the Agreement. 8.2 Merchant grants Ababamart a worldwide, non-exclusive, royalty-free, non-transferable license only during the term of this Agreement to reproduce, use and display as licensed to Merchant by or for the purpose of performing this Agreement. Merchant hereby warrants and represents that it owns or has the right to use and sublicense any intellectual property rights it uses or licenses to Ababamart. 8. 3 Merchant represents and warrants that it owns or is the legal licensee of all intellectual property rights used hereunder, that there will be no infringement or violation of any third party’s proprietary rights or intellectual property rights, and that no other party will claim to own Same ownership of such intellectual property rights. 8.4 All reports, specifications and other similar documents prepared or prepared in the course of this Agreement, including documents, materials relating to the AbabamartFood Services and any derivatives of any intellectual property rights granted by either party shall be the absolute property of such Agreement. Join the party throughout the preparation process and at any time afterwards. For the avoidance of doubt, all intellectual property rights subsisting in the Reports, specifications set out in these Terms and other similar documents shall at all times remain the property of the relevant party. 8.5 Each party warrants to the other party that it will not use any of the other party's trademarks for any marketing activities, including but not limited to promotional activities, without the other party's prior written consent. Notwithstanding the foregoing, Ababamart shall have the right to use Merchant’s trademarks to promote AbabamartFood services and related promotions on all platforms in all media worldwide.

9. No warranty

9.1 AbabamartFOOD SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. Ababamart and any of its subsidiaries and affiliates, officers, directors, agents, joint venturers, employees and suppliers expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Ababamart does not have any control over products paid for through the AbabamartFOOD service. Ababamart does not guarantee continuous, uninterrupted or secure access to any part of the Food Services, and operations of the Ababamart website may be temporarily suspended for maintenance or upgrades, or disrupted by many factors beyond Ababamart' control. Ababamart will use reasonable efforts to ensure prompt processing of the AbabamartFOOD Services, but Ababamart makes no representations and warranties regarding the amount of time required to complete processing. 9.2 Ababamart is not responsible for any of the following: (a) any suspension or refusal to accept payments that Ababamart reasonably believes to be fraudulent or without proper authorization; (b) payment instructions received containing incorrect or malformed information; ( c) Hardware, software, mobile device and/or Internet connection 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) Section 4.8 any circumstances specified. (a) any suspension or refusal to accept payments that CMS reasonably believes to be fraudulent or without proper authorization; (b) payment instructions received containing incorrect or malformed information; (c) hardware, software, mobile devices and /or the Internet connection fails to function properly due to (including but not limited to) viruses, interruptions or other forms of system disruption (such as unauthorized access by third parties); (d) any circumstances set out in clause 4.8. (a) any suspension or refusal to accept payments that CMS reasonably believes to be fraudulent or without proper authorization; (b) payment instructions received containing incorrect or malformed information; (c) hardware, software, mobile devices and /or the Internet connection fails to function properly due to (including but not limited to) viruses, interruptions or other forms of system disruption (such as unauthorized access by third parties); (d) any circumstances set out in clause 4.8. outage or other form of system disruption, such as unauthorized access by a third party; (d) any of the circumstances set out in Section 4.8. outage or other form of system disruption, such as unauthorized access by a third party; (d) any of the circumstances set out in Section 4.8.

10. Confidentiality and Personal Data

10.1 Each Party shall keep confidential and shall not disclose to any person or disclose, directly or indirectly, for its own benefit or the benefit of any other person (other than for the proper performance of its obligations hereunder) any information disclosed by or on behalf of the Disclosing Party, Confidential information provided or otherwise made available to the receiving party. "Confidential Information Confidential and proprietary products or information, intellectual property rights, business plans, operations or systems, financial and trading conditions, details of customers, suppliers, debtors or creditors, relating to the disclosing party or any of its officers, directors or employees Information about affiliates, marketing information, printed matter, rates and rate schedules, contracts, regardless of form, format or medium, whether machine-readable or human-readable, including written, oral or tangible form, and also through meetings , documents, correspondence conveyed or obtained information or inspection of tangible items. These Terms shall not apply to any Confidential Information disclosed, provided or otherwise made available by the Disclosing Party, which is in the public domain and shall cease to apply to any Confidential Information subsequently made publicly available Information, 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 if their duties will require them to have access to such Confidential Information, but the Receiving Party shall instruct so directors and employees shall 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, attorneys and professional advisers, the Recipient shall ensure that all Persons who disclose such information are contractually bound by the provisions of these Terms and have appropriate confidentiality provisions included in their employment and other applicable contracts. 10.3 The parties to this Agreement shall comply with all applicable laws and regulations available on the CMS Platform in connection with this Agreement Our respective obligations as data users and data processors as required by any privacy policy related to personal data. For the purposes of this Agreement, "3. The parties to this Agreement shall comply with all applicable laws and regulations available on the CMS Platform in relation to this Agreement." The respective obligations as data users and data processors required by any privacy policy relating to personal data. For the purposes of this Agreement, “3 The parties to this Agreement shall comply with their respective obligations as data users and data processors required by all applicable laws and the privacy policy available on the CMS Platform in relation to any personal data in connection with this Agreement. For the purposes of this Agreement, “Personal Data” means personal data with the meaning given thereto, which is under the control of the Data User and to which a Data Processor is required or required to provide services for the performance of this Agreement; “Data Processor”, in relation to 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 who does not process the personal data for any personal purpose; and "data user" means any person who, alone or jointly or with other persons, controls or authorizes the processing of any personal data A person who processes any personal data but does not include a data processor. 10.4 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

11.1 The parties waive all obligations and liability for delays in work caused by force majeure. “Force Majeure” means any unforeseen, unavoidable events and/or extraordinary circumstances beyond the reasonable control of the parties, including but not limited to epidemics or pandemics (epidemics/pandemics such as the coronavirus disease 2019 (Covid-19)). (except epidemics), natural disasters, wars, rebellions, invasions, sabotages, mass riots, and the existence of government regulations in monetary matters that directly affect the performance of the 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 force majeure event occurs.

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 or settlement or transfer for the benefit of its creditors, or appoints a receiver or administrator over that party or its business , or the party undergoes voluntary (other than reorganization or merger) or compulsory liquidation; (b) in the case of a material breach of this Agreement by the other party, or if the non-breaching party believes that the breach can be remedied and provides an opportunity to remedy, but the breach has not Remedy within 30 (thirty) days from the date of notification of such breach by the non-defaulting Party; (c) Ababamart suspects any illegal act, illegal and/or fraudulent act committed by Merchant and/or Merchant’s employees or agents; (c) d) the other party's breach or failure 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 meals; (e) for any reason or for no reason The other party shall be notified in writing 30 (thirty) days in advance of the reasons. 12.2 Termination of AbabamartFood Services shall not relieve or limit the obligations, liabilities and liabilities of Merchant or Ababamart arising prior to termination. including any food safety or other regulations relating to restaurants and/or meals; (e) giving the other party 30 (thirty) days advance written notice for any reason or no reason. 12.2 Termination of AbabamartFood Services shall not relieve or limit the obligations, liabilities and liabilities of Merchant or Ababamart arising prior to termination. including any food safety or other regulations relating to restaurants and/or meals; (e) giving the other party 30 (thirty) days advance written notice for any reason or no reason. 12.2 Termination of AbabamartFood Services shall not relieve or limit the obligations, liabilities and liabilities of Merchant or Ababamart arising prior to termination.

13.Homework

13.1 The Merchant shall not transfer any of its rights under this Agreement to anyone without the prior written consent of cms. 13.2 Merchant 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 upon the parties and their respective successors and permitted assigns. 14. Relationship between 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 agreement of any kind on behalf of the other party. 14. 2 The third party agreement in which the driver agrees to provide food delivery services to the customer is an independent agreement between the customer and the driver, and the driver is not an employee or agent of cms. Ababamart is just an intermediary between customers and drivers. 14.3 Ababamart does not provide any transportation services and accepts no liability to any party for any act, omission, failure, lateness or refusal of the driver to provide transportation services. 14.4 Ababamart does not and shall not guarantee the safety, reliability, compatibility or ability of Drivers during the performance of their obligations to deliver Products from Merchant to Customer. Accordingly, Merchant hereby holds cms harmless and releases cms from any and all liability, claims, causes,

15. Compensation

Merchant shall indemnify cms, its affiliates and their respective officers, directors, employees, agents and third-party contractors ("Indemnified Parties") from any claims or threats made or threatened by third parties. Any losses, liabilities, costs and expenses (including full reimbursement of any legal and professional fees) suffered or incurred in connection with any claim relating to any products, merchants using the AbabamartFood Services or the AbabamartFood Platform and/or any breach of any provision of this Agreement , except where caused by Ababamart' negligence, bad faith or willful misconduct. Notwithstanding any other provision 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 any party.

16. Governing law; dispute resolution

This Agreement shall be governed by the laws of Malaysia. If any controversy, controversy, claim or disagreement of any kind arises between the parties in connection therewith (a "Dispute Notice"), the parties shall within thirty (30) days of receipt by one party attempt to (1) notify the other party of the existence of Party to a dispute shall first resolve the dispute through mutual discussions between senior managers of both parties. If the dispute cannot be resolved by mutual discussions within thirty (30) days, it shall be submitted to the Asian International Arbitration Center ("AIAC") for arbitration and shall be finally settled") in accordance with the AIAC Arbitration Rules then in effect, which Rules shall be deemed to be adopted by reference and into these Terms. There will be one (1) arbitrator, mutually 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 the arbitration shall be English. The place and place of the arbitration shall be Kuala Lumpur, Malaysia. The parties agree that Part III 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 pending the adjudication of any arbitral proceedings arising out of this Agreement ,

17.Notification

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

NOTE: GROUP GENERAL COUNSEL (b) If shipping to Merchant, to the address listed in the Merchant details or other method or means as determined by Ababamart. 17.2 All notices under this Agreement shall be deemed to have been duly given: (a) if delivered by hand, when left at the address required in this Clause 17; (b) if sent by overnight courier, when The second (2nd) working day after courier pickup; (c) if sent by email, on the day of dispatch, provided such email is sent before 5:00 p.m. on a Malaysian working day; if on a working day If sent after 5:00 pm or on a non-working day, it will be deemed delivered on the next working day. Where Merchant sends notification via email,

18. Not abstaining

The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of 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, then that part shall be severed from the remainder of this Agreement, which shall continue to be valid and enforceable to the maximum 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 SOPs and Ababamart’ Standard Operating Procedures for providing AbabamartFood Services) represents the entire agreement between the parties with respect to its subject matter, to which the parties shall be bound. Everything not stipulated in this agreement shall be stipulated in the merchant's 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. If there is any discrepancy between any provision of this Agreement and any provision of the Merchant SOP on the Ababamart Platform or the AbabamartFood Platform regarding the provision of AbabamartFood Services, the provisions of the Merchant SOP shall prevail.