ccwinshopFood Merchant Terms of Use

1. Definitions and Interpretation

1.1 Unless otherwise expressly defined in this Agreement or any document referred to in this Agreement, the following terms used in this Agreement (including these Terms and Conditions) shall have the following meanings:

● “Agreement” means the form attached to these general terms and conditions for ccwinshopFood merchant registration, including all appendices, supplementary documents, or other attachments, and all modifications, supplements, and amendments;

● “Applicable Laws” means any laws, regulations, rules, orders, judgments, or guidelines enacted or issued by the Parliament, Government, or any competent court or authority in Malaysia, whether currently in effect or enacted in the future;

● “Business Day” means any day other than Saturday, Sunday, or public holidays in Kuala Lumpur, Malaysia;

● “Contribution” has the meaning given in Clause 6 of these Terms;

● “Customer Account” means a registered account of a customer on the ccwinshop platform;

● “Driver” means a person delivering products ordered by the customer through the ccwinshopFood Platform;

● “Effective Date” means the date on which ccwinshop approves the merchant’s submission of the ccwinshopFood Merchant Registration Form;

● “Merchant Outlet” means a restaurant or place of business owned, managed, and registered by the merchant for enabling ccwinshopFood services, which may be modified or added from time to time in accordance with the parties’ agreement;

● “Merchant Information” means the details of the merchant as specified in the Agreement;

● “Merchant SOP” means the Standard Operating Procedures for the merchant’s use of ccwinshopFood services, which may be amended by ccwinshop at its sole discretion, with or without notice;

● “Merchant Wallet” means the fund account held by the merchant with ccwinshop for holding transaction funds;

● “Net Sales” means the total price of products in a transaction, excluding any taxes (including but not limited to sales and service taxes): (a) after deducting any discounts offered by the merchant on the ccwinshopFood Platform; and (b) excluding any merchant service fees, merchant surcharges, or other fees recorded in the ccwinshop or its affiliated company systems (if applicable);

● “Order” means a product order placed by a customer through the ccwinshopFood Platform;

● “Parties” means ccwinshop and the merchant collectively, and “Party” means any one of them;

● “Products” means food and/or beverages sold by the merchant via the ccwinshopFood Platform;

● “Service Fee” has the meaning given in Clause 7.1 of these Terms;

● “ccwinshop Platform” means the e-commerce platform operated by ccwinshop through its mobile application or website (www.ccwinshop.com.my);

● “ccwinshopFood Platform” means the food ordering and delivery platform operated by ccwinshop on the ccwinshop Platform for providing ccwinshopFood services;

● “ccwinshopFood Services” means the food ordering and delivery service that allows the merchant to sell its products and enables customers to order products via the ccwinshopFood Platform, which may be delivered by a Driver or any other method determined by ccwinshop;

● “Transaction” means any transaction in which a customer orders and pays for products from the merchant via the ccwinshopFood Platform;

● “Transaction Funds” means the total amount paid by a customer through ccwinshopFood services.

1.2 In this Agreement (including these Terms):

(a) References to statutory provisions include such provisions and any regulations made under them, whether prior to or after the date of this Agreement, as amended or re-enacted from time to time, and also include any past statutory provisions or regulations directly or indirectly replaced thereby;

(b) References to “in writing” or “written” include any visible reproduction;

(c) References to “including” shall be interpreted as “including but not limited to”;

(d) References to “Clause” or “Schedule” shall refer to the clause or schedule herein, unless the context otherwise requires;

(e) Unless the context otherwise requires, words in the singular include the plural and vice versa, and references to a particular gender include other genders (male, female, or neutral).1.3 Headings in this Agreement (including these Terms) are inserted for convenience only and shall not affect the interpretation of the Agreement.

 

2. Scope

The Agreement to which these Terms are attached contains the terms for the provision of ccwinshopFood Services (which may be amended from time to time).

 

3. Term

This Agreement shall be valid for one (1) year from the Effective Date and shall automatically renew for successive one (1) year terms, unless either Party provides the other Party with at least thirty (30) days’ written notice of non-renewal.

 

4. Description of ccwinshopFood Services

4.1 The merchant acknowledges and agrees that ccwinshop provides ccwinshopFood Services solely to:

(a) refer customers to the merchant;

(b) act as an intermediary between customers and the merchant, receiving orders on behalf of the merchant and collecting payments from customers;

(c) act as an intermediary between customers and the merchant, conveying orders and transferring payments from customers to the merchant. ccwinshop may, at its sole discretion, modify or suspend ccwinshopFood Services.4.2 ccwinshop shall display the range of products provided by the merchant on the ccwinshopFood Platform, provided that the range has been communicated to ccwinshop and meets the standards determined and communicated to the merchant.

4.3 The merchant shall provide ccwinshop with all information required for displaying products on the ccwinshopFood Platform, including menus, products, product availability at Merchant Outlets, operating hours and location, logos, images, prices, and corporate identifiers (“Required Information”). If the merchant fails to provide the Required Information, ccwinshop may use any information available to it, including product images on the ccwinshopFood Platform. Any changes must be notified to ccwinshop at least seven (7) Business Days before they take effect.

4.4 The merchant shall continuously verify the information published by ccwinshop and immediately notify ccwinshop of any errors or inaccuracies (within 1 hour of discovery). The merchant’s menus, products, identifiers, images, prices, corporate information, and other relevant information may appear on the ccwinshopFood Platform and other media, including Twitter, Facebook, and Google Ads campaigns.

4.5 The merchant acknowledges and agrees that ccwinshop does not provide delivery services and does not act as a courier, postal service, delivery service, catering supplier, or agent of any party. ccwinshop makes no representations or warranties regarding the quality, safety, or legality of any products, nor does it guarantee the identity of customers or the completion of any transaction.

4.6 The merchant acknowledges and agrees that the actual sales contract of the products is directly between the merchant and the customer, and ccwinshop is not a party to such contract and shall not be liable. Any disputes arising from the products shall be resolved solely between the merchant and the relevant customer.

4.7 The merchant must handle any refunds and/or claims arising from transactions, including order cancellations. ccwinshop may assist in processing refunds and/or claims, and the merchant further agrees that ccwinshop may, at its sole discretion, refund Transaction Funds to customers without prior approval from the merchant.

4.8 If ccwinshop reasonably believes any of the following occurs, ccwinshop reserves the right to suspend specific transactions and/or customer accounts and/or the merchant wallet and/or ccwinshopFood Services:

(a) to protect the security of customer accounts, merchant wallet, and/or ccwinshopFood Services;

(b) the transaction violates this Agreement or security requirements of customer accounts, merchant wallet, and/or ccwinshopFood Services; or is suspicious, unauthorized, or fraudulent, including but not limited to money laundering, terrorist financing, fraud, or other illegal activities;

(c) the transaction involves products or services not agreed to by the merchant or deemed illegal under applicable laws;

(d) the merchant engages in prohibited activities under the Merchant SOP, other ccwinshop policies, or applicable laws;

(e) other circumstances necessary for ccwinshop to comply with applicable laws.4.9 ccwinshop may, at its sole discretion, provide the merchant with periodic training regarding the development of ccwinshopFood Services, including any changes or additions to the service facilities.

4.10 ccwinshop reserves the right to deduct service fees and any contributions it is entitled to receive from Transaction Funds for providing ccwinshopFood Services.

4.11 If ccwinshop provides the merchant with any equipment related to ccwinshopFood Services (“Equipment”), including Electronic Data Capture (EDC), the merchant shall be responsible for such Equipment and return it in good condition upon termination of the services. Details regarding the use, technical and operational support, and issue resolution of the Equipment may be provided in the Merchant SOP or posted on the ccwinshop Platform, and shall be binding on both parties.